Democratizing Communication Media in Turkey: Legislation, Policies, Actors

TESEV Democratization Program Media Studies Series – 1

Communicating Democracy - Democratizing Communication Media in Turkey: Legislation, Policies, Actors

Esra Elmas Dilek Kurban

Bankalar Caddesi Minerva Han, No:2, Kat: 3 34420 Karaköy ‹stanbul T +90 212 292 89 03 F +90 212 292 90 46 DEMOCRATIZATION www.tesev.org.tr ISBN 978-605-5832-83-4 PROGRAM Communicating Democracy - Democratizing Communication Media in Turkey: Legislation, Policies, Actors

Esra Elmas Dilek Kurban Communicating Democracy - Democratizing Communication Media in Turkey: Legislation, Policies, Actors

Bankalar Cad. Minerva Han No: 2 Kat: 3 Türkiye Ekonomik ve Karaköy 34420, İstanbul Sosyal Etüdler Vakf› Tel: +90 212 292 89 03 PBX Turkish Economic and Fax: +90 212 292 90 46 Social Studies Foundation [email protected] www.tesev.org.tr Demokratikleşme Program› Democratization Program

Authors: Production: Myra Esra Elmas Publication Identity Design: Rauf Kösemen Dilek Kurban Cover Design: Serhan Baykara Page Layout: Gülderen Rençber Erbaş Prepared for Publication by: Coordination: Sibel Doğan Esra Bakkalbaşıoğlu Pre-print Coordination: Nergis Korkmaz

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ISBN 978-605-5832-83-4

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TESEV would like to extend its thanks to European Commission, Friedrich Ebert Stiftung Turkey, Open Society Foundation Turkey, and TESEV High Advisory Board for their contributions with regard to the publication and promotion of this book. Background Information Report Updated Version

Media policies and regulatory practices in a selected set of European countries, the EU and the Council of Europe: the case of Turkey

Esra Elmas Dilek Kurban

June 2011 4 FP7-SSH-2009-A no. 244365 FP7-SSH-2009-A agreement: Grant EU funding: duration: Project title: Project analysed. and discussed thoroughly Europe, are of Council the and Union European the from stemming policies, media state of implementation and design the on pressures external Moreover, independence. and freedom for media services media new by generated challenges and opportunities the examines and countries aforementioned in the policies media of configuration the It investigates services. media of types various and sectors media across analysis comparative Germany, Italy,Spain, Turkey Finland, a Greece, with Slovakia, Romania, UK Estonia, the and Denmark, Croatia, Bulgaria, in Belgium, study acountry-based combines project The media. independent and free supporting policies of development the prevent conversely or promote that factors the explain and understand to seeks which project research is aEuropean MEDIADEM Project profile approx. 2.65 million Euro million 2.65 approx. 2013 -March 2010 April Systems Democratic in Contemporary Media Independent Free and Valuing Reclaiming Revisited: and Policies Media European Table of Contents

TESEV’S PRESENTATION, 7

PREFACE, 8

INTRODUCTION, 11

HISTORICAL BACKGROUND: DEVELOPMENT OF THE MEDIA IN TURKEY, 17 The Single Party Regime: Instrumentalization of the Media by the State, 17 Multi-Party Years: the Manipulative Function of the Media, 21 Military Regimes and the Media, 21 The Economic Liberalisation of the 1980s: the Transformation of Journalism into an Economic Sector, 22 The 1990s: a New Media Model, 23 Economic Crisis and the Restructuring of the Media Sector, 25 The EU Accession Process and the Media, 25

MEDIA LANDSCAPE IN TURKEY, 29 Print & Broadcast Media, 30 News Agencies, 32 Online Media, 33 Minority and Alternative Media, 34

THE MEDIA REGULATORY FRAMEWORK IN TURKEY, 39 Actors of Media Policy and Regulation, 39 Structural Regulation, 40 Licensing Rules, 40 Ownership Regulations, 44 Content Regulation, 45 The Constitutional Framework, 45 The Legislative Framework, 46 Cultural and Political Pluralism in the Media, 50 Obstacles to Media Freedom and Impartiality in Turkey, 51

MEDIA POLICY AND DEMOCRATIC POLITICS: AN ASSESSMENT, 61

BIBLIOGRAPHY, 64 6 TESEV’s Presentation The depiction of the media as the fourth estate estate fourth the as media the of depiction The This situation also gained an identity-based identity-based an gained also situation This Etyen Mahçupyan, Mahçupyan, Etyen On the other hand, with the broadening of the the of broadening the hand, with other the On area of politics within the last two decades, decades, two last the within politics of area sector. the corrupted rapidly that approach areas of the economy where it created created it where economy the of areas other the towards expanding time same the at by “centre” the defined of voice the as acted started to see themselves as political actors actors political as themselves see to started has Republic the by systematized up and set in even reality alimited reflects situation unrealistic in Turkey since the tutelary regime regime in Turkeyunrealistic tutelary the since Using political power to take advantage of of advantage take to power Using political did not imply a transformation in the mentali in the imply atransformation did not experien was pluralisation and diversification ced in the media. Unfortunately, this situation Unfortunately, this situation media. in the ced structure oligopolistic an towards evolving media in the resulted opportunities cyclical issues. national and ideology official the of entirely is almost it countries, Western by the theory of democracy makes a reference areference makes democracy of theory the by monopolist advantages. Hence, media organs organs media Hence, advantages. monopolist advocating by concessions and privileges ‘other-ized’ that those born was world media To it that republic. the by extent reinforced the structure community the within meaning aconveyor as press the positioned and media for the vital army the with relations made laicism and the Turkish the and identity. laicism ethnic identity-related aspect of this centre. Hence, a Hence, thiscentre. of aspect identity-related while gaining a denominational character, and and character, gaining adenominational while gained that and centre the outside were who that could bargain with the government, an an government, the with bargain could that this While system. societal idealized an to the state, the media also represented the the represented also media the state, the TESEV Democratization Program Democratization TESEV - - The democratization of the media is vital in is vital media the of democratization The Today, of Turkish problem the the faces media In the coming months, TESEV will present the the present will TESEV comingIn months, the area. This initial report is the first in a series of of in aseries first is the report initial This area. from stemming problems faces it as much as summarizes the historical background of the the of background historical the summarizes functioning actually in the as well as structure, and bureaucracy and politics of supervision domain of politics is also necessary. is also politics of domain democratic laws in place and that maintains a maintains that and in place laws democratic ensuring that social demands find their voice in voice their find demands social ensuring that media. of and expression of freedom to is foreign that law of conception is taking thissituation more, What’s choices. sector. whole the of traits common have own to their started community each media, which is one of the main building blocks building blocks main the of is one which media, contribution ameaningful offer will report W arrangements. legal related media- of present and past the and media and presented, be will that publications thiscritical on studies of avariety with public in Yet, competition. of atransformation rules governments, from and state the from pressure place in a country that still cannot put put cannot still that in acountry place manipula social from habits, many and media, in the legal framework and in the ownership ownership in the and framework legal in the ideological and structures capital own its that will ensureTurkey’s will that democratization. of domain the on discussion triggering toward the with in parallel media the of mentality the the public domain. And this requires achange thisrequires And domain. public the civilian and independent creating of terms the censorship, became voluntary to tion contrary, the On perspective. apluralist or ties e hope that the the that e hope -

7 8 The role of media in political and civic life is life civic and in political media of role The This power can be seen in two different ways: different in two seen be can power This Preface Mahmut Mutman, Mutman, Mahmut In a period of democratisation such as we have as such democratisation of In aperiod appears as imperative, for nothing seems more more seems for nothing imperative, as appears agenda, and further determining the vocabu the determining further and agenda, having an as perceived are media the either social, political and economic forces and and forces economic and political social, powerful of control the under and to subject sation, etc). The following report appears to to appears report etc). following sation, The society and thus providing a common ground ground acommon providing thus and society (spectacularisation, sensationalism, tabloidi sensationalism, (spectacularisation, environ free and having ahealthy urgent than undeniable. The famous expression attributed attributed expression famous The undeniable. democratic debate and argumentation argumentation and debate democratic every voice has access, and the media are a are media the and access, has voice every the setting and telling is worth what deciding called the media is itself an institution which is which institution an is itself media the called on as well as various opinions that exist in exist that opinions various as well as on ment. Yet the latter approach seems also also seems approach Yetment. latter the thisenviron in providing actor strategic major and each which to discussion public of ment powers. economic and political of pressure government. and affairs political over media media, legislators, politicians and society society and politicians legislators, media, the of spirit critical in the written have been language that are not always amenable to to amenable always not are that language the cultureunder political of syntax and lary latter approach in order to push the Turkish push the to in order approach latter interests, and which has its own rules and and rules own its has which and interests, is that instrument the that given inevitable in Turkey, approach former, the instrumental instrumental role in communicating informati in communicating role instrumental the institutional and political influence of the the of influence political and institutional the to refers estate,” “fourth Edmundto Burke, the for public discussion; or for public Istanbul Şehir University, Department of Cinema and Television and Cinema of Department University, Şehir Istanbul , it can be seen as as seen be can , it - - - - - Thus the old structures and habits persist persist habits and structures old the Thus process the of Turkish in view especially media, A major obstacle appears to be the old old the be to appears obstacle A major It offers a significant survey of the historical historical the of survey asignificant It offers Generally speaking, although there are a are there although speaking, Generally and repressive legislation which restrict the the restrict which legislation repressive and structure, which is itself a legacy of the past past the of alegacy is itself which structure, strange mixture of the old and new: it brings brings it new: and old the of mixture strange up new freedoms while maintaining the old old the maintaining while freedoms up new democratic reform and liberalisation. As a As liberalisation. and reform democratic of structure present the and development elected governments all of which would like to like to would which of all governments elected is for it issue is acomplex This ways. explicit elitist old these how of account extensive and press the of freedom democratisation, of permeated into into permeated habits and tradition repressive Press Law of 2004 being a prime example). aprime being 2004 of Law Press tutelary, patrimonial and and patrimonial tutelary, awhole but media behaviour elite old of presence simply the not as well as in implicit content media manipulate and restrict regulations old and military) an gives report The interventions. military process. new public television channel in Kurdish, channel many television public new a as such developments positive of number (the lines the in between habits repressive a is often legislation media new the result, legislation that is a legacy of the tutelary tutelary the of is alegacy that legislation instrumentalize media for their own benefit. benefit. own for their media instrumentalize and groups pressure parties, political including within the gradual process of emergence of of emergence of process gradual the within the political and institutional structure, structure, institutional and political the the and judiciary the (both structures tutelary in this play media the role potential the further in the direction of the former approach. approach. former the of direction in the further Turkish media, politics and society. From this society. and Turkish politics media, the of liberalisation the how shows report The globalisation has had a compound effect on on effect acompound had has globalisation array of radio stations, television channels and and channels television stations, radio of array “Anti-Terror the as well provisions as has Law” the as well as legislation new the of aspects several channels, newspapers and weeklies, weeklies, and newspapers channels, several to owners newspaper of number small companies with investment in other areas as as areas in other investment with companies other the On internet. the as such expression avenue public new of entirely up an opened companies and led to the commercialisation of of commercialisation the to led and companies media for smaller room no left it effects: media various of proliferation immense an on of process concomitant the and channels Further, as the press changed hands from a from hands changed press the Further, as mes in alliance with each other as in the case case in the as other each with in alliance mes other, the on someti elite and economic new into big capital of entry The monopolisation”). big media of emergence the and media the had privatisation and hand, liberalisation further as appear and power punitive rable have conside also RTÜK) (especially process in the appeared that agencies regulatory on restrictions serious put old the of remnants powerful businessmen, each of whom had had whom of each businessmen, powerful brought hand, thisprocess one the On picture. adual presents view, of point liberalisation television law,media private of opening the legislation. These powerful pressure groups, groups, pressure powerful These legislation. it importantly, most and press, and media local immediate effect of monopolisation in the in the monopolisation of effect immediate law Penal reality. thisproblematic of instances information and tabloidisation of newspapers. newspapers. of tabloidisation and information with considerable lobbying power over media media over power lobbying considerable with “cross- calls (what report well the the old tutelary elites on the one hand and the the and hand one the on elites tutelary old the group pressure economic anew emerged there structural of anumber had sector media the output. media the control indirectly thus and freedom media curtail significantly that new The television. and press of freedom the from all kinds of weekly magazines to a vast avast to magazines weekly of kinds all from - - The report thus gives significant room to small small to room significant gives thus report The On the negative side however, as the report however, side report the negative the On as alarming note, for, if social media gives voice to to voice for, note, gives media alarming social if society independently of the mainstream mainstream the of independently society level asignificant at sexism and racism speech, heroic the by possible made been has survives) room. little find can society civil of voices multiple the in which situation underlines, there is a manifest use of hate hate of use is amanifest there underlines, democratisation. Eventually, the mainstream Eventually, mainstream the democratisation. different voices even though the use of of use the though even voices different in exist already that tendencies expresses or controversial news which cannot pass pass cannot which news controversial or space alternative an provide they and content; minority The journalists. of acouple of efforts of process fragile already an complicate coup,” “postmodern further February 28 the of especially what is called the “socialmedia” the is called what especially media, then the presence of such language language such of presence the then media, participation in the production of media media of production in the participation came which democratisation of gains major is the site interesting most the respect, In this circumstances. similar confront media and Taraf newspaper the as such organs press alternative the of survival the sphere, public in arepressive have operate and to means financial limited on depend which media the by instrumentalized be to continue media level. Hence it is important to underline two two underline to is important it Hence level. mainstream In the context. political and legal in the social media and internet. This is an is an This internet. and media social in the internet or public access is not at an optimum optimum an at is not access public or internet sites), interactive blogs, (personal internet with the new media. They increase citizen citizen increase They media. new the with of degree is aconsiderable there where through the filters of the mainstream media. media. mainstream the of filters the through longer no (which in fact Nokta weekly the alternative and minority effective though is a This government. the and military the judiciary, the state: the of branches major three for the production of politically dissident views views dissident politically of production for the freedom of expression and a variety of of avariety and expression of freedom

9 10 Armenians in the social media is a truly is atruly media social in the Armenians Given this picture, the widespread use of hate hate of use widespread the thispicture, Given and male-chauvinism as a problem (mainly a problem due as male-chauvinism and slightly emerging interest in women’s issues interest emerging slightly speech and racist slurs against Kurds and Kurds and against slurs racist and speech of significance absolute the hence society, used very rarely and almost never in the in the never almost and rarely very used mainstream media -except the general and and general the -except media mainstream gets that is aword racism violence), while male raising a new democratic awareness in, by and in, and by awareness democratic anew raising worn- out phrase “the Kurdish question.” Kurdish question.” “the phrase out worn- to the increasing number of cases of extreme extreme of cases of number increasing the to through the media. Interestingly, there is a Interestingly, there media. the through frightening reality and shows once more that that more once shows and reality frightening All in all, the report offers a comprehensive acomprehensive offers report the in all, All sation. We hope that it will be of great help to to help great of be will it that We hope sation. democrati of task ethical and political social, of changing a vast repertoire of behaviour, of repertoire avast changing of critical analysis of Turkish of analysis the of in view media critical regarded as normal. as regarded language, and thought of habits and manners politicians, legislators and the public. public. the and legislators politicians, as well as analysts future professionals, media legislation and directly involves the question question the involves directly and legislation which are full of extremisms and violence violence and extremisms of full are which the question of democratisation goes much much goes democratisation of question the further and deeper than producing democratic democratic producing than deeper and further - “bullet effect” on the masses. Accordingly, the masses. the on effect” “bullet * Introduction Today, change in rapid the of aresult as 1940-60, field research mainly carried out in out carried mainly research field 1940-60, 1910-40, they concentrated on the media’s the on concentrated they 1910-40, ganda tool by totalitarian regimes during regimes totalitarian by tool ganda destructive effect on the horizontal relations relations horizontal the on effect destructive 1 emergence of the internet, which has had a had has which internet, the of emergence the with reshaped deeply been has ecology ourselves we find technology, communication World War I. During the second period from from period second the During War I. World Finally, in the third period from the 1960s to to 1960s the from Finally, period third in the Mass communication studies have gone studies communication Mass between the “sender” and the “receiver” as as “receiver” the and “sender” the between structure. economic its to in relation power pointed out the use of the media as apropa as media the of use the out pointed time the of studies Media members. passive shapingtheir and societies of agenda political the in manipulating power absolute had media look into the ideological features of media media of features ideological the into look in the so-called “digital age.” media The so-called in the well as on inequalities in society. Personal Personal in society. inequalities on as well the present day, to have present the tried studies media limited. actually was masses the on media the of impact the that showed States United the through three different periods. In the period period In the periods. different three through We are grateful to TESEV Democratization Democratization TESEV to grateful We are authors. authors. Ceren Sözeri of Galatasaray University for their their for University Galatasaray of Sözeri Ceren particularly for the tables, and Ebru İlhan for her her for İlhan Ebru and tables, the for particularly and publication for report this preparing Program’s Esra Bakkalbaşıoğlu for meticulously meticulously for Bakkalbaşıoğlu Esra Program’s the content of this report belongs solely to its its to solely belongs report this of content the of responsibility the said, being That report. this of drafts earlier on comments thought-provoking and University Şehir of Mutman Mahmut thank invaluable research support. We woud also like to to like also We woud support. research invaluable * - “receiver” as well as on inequalities in on inequalities society. as well as “receiver” “Mediterranean or Polarised Pluralistic Model” Model” Pluralistic Polarised or “Mediterranean Media studies have considered the increase in citizens’ in citizens’ the increase have considered studies Media Turkey. Towards media the end, situates it that the understand to attempt is an report This The media ecology has been deeply reshaped with reshaped deeply the been has ecology media The age “the uncontrollable age” and considered considered and age” uncontrollable “the age participation in media content as a plus in the of name aplus as incontent participation media implications of the newon individualimplications media rights liberties. and dependent on government/state subsidies, subsidies, government/state on dependent on, often overlooking the potential or real real or potential the overlooking on, often democratizati of name in the aplus as content digital the have named studies Media content. is usually and companies large of consists of production in the participation citizens’ democratization, often overlooking the potential or real overlooking the potential ordemocratization, real often visible and finally have a voice, increasing have avoice, increasing finally and visible on the horizontal relations between the “sender” the and between on relations the horizontal effect of hadadestructive the internet, whichemergence has rights and liberties. liberties. and rights relationship between media and democracy in democracy and media between relationship over control its and monopoly its lost has Traditional which media, content. media the of sites internet interactive and blogs implications of the new media on individual individual on media new the of implications in its political and historical context. It argues It argues context. historical and political in its the increase in citizens’ participation in media in media participation in citizens’ increase the become to citizens allowed media traditional that Turkey’s media structure falls under the the under Turkey’s falls that structure media -

11 12 interest groups, state institutions, the army the and judiciary. groups, institutions, interest state profession politicians, from which pressure is immuneto era, it is notOttoman possible of autonomous speak an to the late to back of journalism dates While the emergence Turkey presents a typical example of the the of example Turkey atypical presents According to the Mediterranean Model, ‘the ‘the Model, Mediterranean the to According 3 2 1 developed by Hallin and Mancini and Hallin by developed of journalism as an autonomous profession.’ autonomous an as journalism of circulation, a tradition of advocacy reporting, reporting, advocacy of atradition circulation, newspaper of levels low characteristics: development of the mass circulation press; (2) press; circulation mass the of development of state intervention in the media system. media in the intervention state of Mediterranean Model. Newspaper circulation circulation Newspaper Model. Mediterranean broadcast regulation and limited development development limited and regulation broadcast and broadcasting public of politicisation media in Southern Europe share some major major some share Europe in Southern media professionalism; and (4) and nature and professionalism; degree the political parallelism, or “the extent to which which to extent “the or parallelism, political the in particular markets, media of ment based on four criteria, namely: (1) namely: fourdevelop on criteria, the based instrumentalisation of privately owned media, media, owned privately of instrumentalisation in society”; (3) the development of journalistic journalistic of (3) development the in society”; the media system reflects the major divisions divisions major the reflects system media the Hallin and Mancini have developed three media media three developed have Mancini and Hallin S. Papathanassopoulos, “The Mediterranean/ “The Papathanassopoulos, S. Ibid Mancini’s and Hallin of Light in Media Turkish European Media Governance: National National Governance: Media (ed.)Terzis European Atlantic Model (United States, Great Britain, Britain, Great States, (United Model Atlantic (2005), p. 192. (2005), Dimensions Regional and and Italy); (2) Democratic Corporatist or North/ or Corporatist (2) Italy); Democratic and (last (last allacademic.com/meta/p170690_index.html available at: http://www. at: ; available Online CA Association Communication Paper presented at at presented Paper Systems”, Media Comparative in State the of Role “The Özcan, E. See Canada). Netherlands, (Germany, Model European Central visited on 07 May 2010). May 07 on visited models in Western Europe and North America: (1) America: North and Europe Western in models Southern European countries, like France, Greece Greece France, like countries, European Southern the annual meeting of the International International the of meeting annual the North or Liberal (3) countries); Scandinavian Polarized Pluralist or Mediterranean Model (for (for Model Mediterranean or Pluralist Polarized Polarized Pluralist Media Model Countries,” in G. G. in Countries,” Model Media Pluralist Polarized . TBA, San Francisco, Francisco, San , TBA, 1 which is which 2

- The multiplicity of conflicting interests in the in the interests conflicting of multiplicity The advantage of the legal loopholes or the wide wide the or loopholes legal the of advantage an autonomous profession which is immune to which profession autonomous an aspects, in practice the courts, law enforce law courts, the in practice aspects, security” above democracy, human rights and and rights human democracy, above security” as well as positions political and stands in gains economic their maximize to sector the where aggregations into is divided sector distribution; they use their power in the media media in the power their use they distribution; exploitation to be high. high. be to exploitation while Furthermore, is misleading. companies and by they interests, economic conflicting big of owners the Although industries. other and telecommunications construction, education, health, as such economy the of also are groups big media the of owners content. While the various media-specific laws laws media-specific various the While content. regula in acomplex have resulted 1990s early media. While press freedom is protected under under is protected freedom press While media. the of freedom and speech of freedom nullify times at and restrict significantly to menters imple the to granted appreciation of margin take government the and officers ment be extremely low, owing to the pressure coming low, pressure the to owing extremely be state groups, interest politicians, from pressure of diversity seeming the Thus, freedom. media ideological may have groups media different media and the economic liberalization of the the of liberalization economic the and media labour unions in Turkey and the level of labour unions in Turkey labour of labour level the and to continues media in the unionization of level of speak to possible is not it era, Ottoman late in upholding “mindset” same the share large institutions, the army and the judiciary. The The judiciary. the and army the institutions, sectors in different shareholders and investors a has indeed media the and low is quite the constitution, the judiciary has a tendency to to a tendency has judiciary the constitution, the the emergence of journalism dates back to the the to back dates journalism of emergence the media of multitude the to due media the “national and state” the of “interests the media The journalism. advocacy of tradition that regulate the field have quite positive have positive quite field the regulate that and structure of in terms both framework, tory from media owners the overall weakness of of weakness overall the owners media from - - - The banking crisis of 2000-2001, which has had had has which 2000-2001, of crisis banking The around the same time have further complica have time further same the around sector and the EU accession process increased increased process EU accession the and sector significant repercussions for the media sector sector media for the repercussions significant state. under the pretext of combating terrorism, terrorism, combating of pretext the under economic and political transition brought by by brought transition political and economic Further, unstable. and in flux be to continues censor dissident and minority media organs organs media minority and dissident censor European Union (EU) membership process process membership (EU) Union European resulting in administrative agencies becoming becoming agencies in administrative resulting sector media the pluralism, and freedom media enhancing and ownership media regulating in years in recent achieved been has progress preserving territorial unity and protecting the the protecting and unity territorial preserving inconsistent and restrictive nature. The The nature. restrictive and inconsistent in Turkey, the of commencement the and the role of the regulatory bodies in the media, media, in the bodies regulatory the of role the financial the of restructuring post-crisis the their preserve governing sector the laws the relative While framework. regulatory the ted - Turkey continues to fall far below the goal of of goal the below Turkey far fall to continues media relations in Turkey. relations media of state- origins the historical and prevalent culture political quo is the the continuation and of the status reforms of democratic for the co-existence accounting main factor The analysis of media policies and regulation in the in the regulation and policies media of analysis state-media relations in Turkey. relations informed An state-media country necessitates a careful reading of the the of reading acareful necessitates country prevalent is quo the status the of continuation the and reforms democratic of existence that argues report This communitaire. acquis However, key players. the despite of one historical and political context, particularly particularly context, political and historical of origins historical the cultureand political EU’s the with framework legal its harmonizing years, in recent achieved progress relative the state’s formative years. years. formative state’s the co- for the accounting factor main the

13 14 First Section

This section provides an overview of the the of overview an provides section This Turkey on the basis of the national and and Turkey national the of basis the on The evolution of the press, radio and television television and radio press, the of evolution The I 1.1. T 1980, the intervening periods of military rule, rule, military of periods intervening the 1980, Development of the Media in Turkey Historical Background: In both the Ottoman Empire and the Turkish the Empire and Ottoman the In both globalization and EU-induced democratisation. democratisation. EU-induced and globalization and 1990s. Finally, the impact of the internatio the of Finally, impact the 1990s. and 1980s the of process” “liberalisation the and state-media relations. It discusses the the It discusses relations. state-media evolution of multi-party democracy, military military democracy, multi-party of evolution the republic, the of foundation change: the in democracy and media the of evolution of communication were under the control of of control the under were communication of ongoing EU accession process. process. ongoing EU accession M Republic, journalists played an important role role important an played journalists Republic, political context in Turkey, context political aparticular with nal dimension will be examined on the basis of of basis the on examined be dimensionwill nal means all when 1983 and 1980 between regime [excluding military periods the principal republic was proclaimed, until 1950 when a when 1950 until proclaimed, was republic legal and political developments introduced in introduced developments political and legal interventions, economic liberalisation, liberalisation, economic interventions, social and political of anchors international in Turkey following during the is examined institutions to society. From 1923, when the the when From 1923, society. to institutions and values Western of introduction in the the economic crisis of 2000-2001 and the the and 2000-2001 of crisis economic the globalization, of aresult as sector media the to 1950 from regime multi-party the 1950, to 1923 from regime party single the military]: the focus on the historical development of of development historical the on focus nstrumentali edia by S the S he ingle P tate R arty z ation the of egime : - “news.” 4 The first journalists of Turkey can be described Turkey of described be can journalists first The Turkey. traditio has press the In thissense, “news.” with traditionally dealt “discussions” than rather has press driven modernisation movements in Turkey. In the this sense, both were the theof object and subject the state- Journalists In the early-Republican era, most of the the of most era, early-Republican In the graduates of schools of journalism or commu or journalism of schools of graduates a crucial role in the modernisation project and and project modernisation in the role a crucial as “self-taught” and today, although there are today, are and there although “self-taught” as sing reforms of the one-party regime. one-party the of sing reforms some media members in the sector who are are who sector in the members media some 5 developed a politically and economically economically and apolitically developed Dissident press, on the other hand has been been has hand other the on press, Dissident multi-party system was installed, journalists journalists installed, was system multi-party repression or pressure. pressure. or repression nally dealt with “discussions” rather than than “discussions” with rather dealt nally lists were both the object and the subject of of subject the and object the both were lists journalists were also writers and their literary literary their and writers also were journalists interdependent relationship with the state. state. the with relationship interdependent were instrumental in propagating the moderni the in propagating instrumental were writings influenced their journalistic reporting. reporting. journalistic their influenced writings the potential target of state/government state/government of target potential the the state-driven modernisation movements in movements modernisation state-driven the (April 1996), p. 109-123, 113. p. 109-123, 1996), (April Studies Eastern Middle T. Demirel and M. Heper, “The Press and the the and Press “The Heper, M. and T. Demirel E. E. Bilgiç, “The Role of the Press in the the in Press the of Role “The Bilgiç, E. E. unpublished Ph.D. thesis, Boğaziçi University University Boğaziçi thesis, Ph.D. unpublished Consolidation of Democracy in Turkey”, 32/2 Turkey”, in 32/2 Democracy of Consolidation Construction of National Identity 1934-1937”, 1934-1937”, Identity National of Construction (2010), p. 27. (2010), 5 From the outset, most of the press had had press the of most outset, From the 4 Journa - - - -

17 18 ( Sovereignty National The The establishment of the print media in Turkey media print the of establishment The Another example of the instrumentalisation of of instrumentalisation the of example Another Independence War.Independence Independence War and instill the spirit of of spirit the instill War and Independence shared the same goal. The main objective objective main The goal. same the shared sought to rally support in favour of the inthe favour of support rally to sought ( dance movement which culminated in the in the culminated which movement dance indepen The powers. Allied the against dence Agency Anatolian The Independence. War of masses. the to out in time, reaching the at on Mustafa state, nation amodern to empire Corres and Battle principles: primary two on overcoming educational, health and economic economic and health overcoming educational, founded, was Republic the after continued nal public “true” news about the Turkish the about news “true” public nal Mustafa Kemal’s major decisions during the during Kemal’s the decisions major Mustafa media, print the prioritised his staff and Kemal indepen of awar pioneered Kemal Mustafa was was Ajansı Anadolu of foundation the behind renamed Ulus renamed Later 1920. January 10 on in Ankara himself Kemal Mustafa by established was newspaper adecaying from transition In the pondence. Ottoman during the founded was newspaper first The republic. the of that predates nication departments, this feature remains remains thisfeature departments, nication nationalism across the country. These trips trips These country. the across nationalism 6 with the aim of consolidating the regime, regime, the consolidating of aim the with was Mustafa Kemal’s national tours, which which Kemal’s tours, national Mustafa was to disseminate to the national and internatio and national the to disseminate to the only widespread medium of communicati of medium widespread only the when empire the of years final in the times, true. true. the media during the years of state formation formation state of years during the media the foundation of the republic in 1923 was based based was in 1923 republic the of foundation Anadolu Ajansı Anadolu continued to serve the objectives objectives the serve to continued Ajansı Anadolu Following the establishment of the republic, republic, the of establishment the Following of Atatürk’s government by propagating at the the at propagating by government Atatürk’s of founded Turkish state. state. Turkish founded international level the righteousness of the newly newly the of righteousness the level international , the paper aimed at publicising publicising at aimed paper , the ), created on 6 April 1920, 1920, 6April on ), created 6 Hakimiyet-i Milliye Hakimiyet-i - - - - ) - The Law on the Maintenance of Order ( Order of Maintenance the on Law The regime. the to athreat as Turkey perceived was The creation of the republic was primarily a primarily was republic the of creation The 1924. 13 oppositional journalists along with rebels rebels with along journalists oppositional 13 as as Fırkası Cumhuriyet for Terakkiperver Istanbul 7 Independence Courts ( Courts Independence Support from both the people and the press of of press the and people the both from Support Sheikh Said Rebellion in 1925, martial law was was law martial in 1925, Rebellion Said Sheikh Sükûn Kanunu Sükûn good relations with the existing media. Soon, Soon, media. existing the with relations good also attended by military and civilian experts. experts. civilian and military by attended also Terakkiperver Cumhuri Terakkiperver exiled. were most and in the tried were politicians dissenting and and 15 newspapers critical of the the of critical newspapers 15 and Fırkası yet ( Under the pretext of suppressing the Kurdish the suppressing of pretext the Under declared in the southeastern region of Turkey. of region southeastern in the declared ( Party can change. One principal reason for thischange reason principal change. One its proclaim to founding for the elite element on in the country. inon the Mustafa Kemal—by a group intent on forming on intent agroup Kemal—by Mustafa however, state-media relations began to to began relations however, state-media establish also to careful were they networks, and Kemal Mustafa While values. republican problems, and laying the groundwork for groundwork the laying and problems, its own party, the Developmentalist Republi Developmentalist the party, own its invited to Ataturk’s appearances, which were were which appearances, Ataturk’s to invited People’s the of Party fragmentation the was the first opposition party in the history of of history in the party opposition first the the founding elite created their own media media own their created foundingthe elite avital was press the and project top-down freedom of the press and quashed all oppositi all quashed and press the of freedom forthcoming reforms. The press was always always was press The reforms. forthcoming Halk Fırkası Halk Kanunu Sükun Takrir-i of articles three the of One organization, provocation, encouragement and and encouragement provocation, organization, disruption of social order, social peace, security security peace, social order, social of disruption Independence Court.” Independence and public order. The government may hand over over hand may government The order. public and any ban to entitled president—is the of approval persons suspected of these actions to the the to actions these of suspected persons and rebellion, reactionism, at aimed publications the government—with the of head “The read: Terakkiperver Cumhuriyet Fırkası Cumhuriyet Terakkiperver )-the political party founded by by founded party political )-the ) was enacted, which stifled stifled which enacted, ) was 7 In accordance with thislaw, with In accordance İstiklâl Mahkemeleri İstiklâl Takrir-i Takrir-i ) in ) - - - Türkiye İş Bankası İş Türkiye and Ajansı Anadolu Telephony ( The 1928 the Alphabet Reform, which replaced replaced Reform,which Alphabet the 1928 The The company followed BBC as a model for its for its amodel as BBC followed company The 9 Ottoman script with the Latin alphabet, alphabet, Latin the with script Ottoman government were shut down and only those onlythose and shut down were government a media company called the Turkish the Wireless called company a media allowed to operate. to allowed useless the existing technology that media media that technology existing the useless establishment of TTAŞ, ‘broadcasting became became ‘broadcasting TTAŞ, of establishment control of ideas. of control and monitoring for the opening an created provided state The time. the at had owners contract with the government. government. the with contract of opposition were silenced. In 1927, just two In 1927, silenced. were two just opposition of forms all government, in a single-party country and negotiated a 10-year a10-year negotiated and operandi modus years after the world’s first radio broadcasts broadcasts radio world’s first the after years Party ( Party People’s Republican the years 27 the During part of the state machinery from day even from one machinery state the of part were enterprises two These broadcasting. hip to its past; it is largely responsible for the for the responsible is largely it past; hip its to relations Turkish changed society’s radically had started; two public enterprises co-founded co-founded enterprises public two started; had newspapers that had supported the law were were law the supported had that newspapers latter had CHP as a shareholder. With the the ashareholder. With as CHP had latter radio Istanbul-based and Ankara launched lack of an independent media in Turkey. media independent an of lack The 8 though it was not directly run by the state.’ the by run directly not was it though to the new lettering system. The publishers’ publishers’ The system. lettering new the to rendered alphabet Latin the to transition financial dependence to the government government the to dependence financial adjust to infrastructure change their to forced were who publishers to support financial The Impact of Europeanisation on on Europeanisation of Impact The Sümer, B. p. 35. 2010, Bilgiç, Center Research Series, No: 35 (2010), p. 106. (2010), 35 No: Series, Research Center Uncertainties and Misfits in Broadcasting Policy Policy Broadcasting in Misfits and Uncertainties (1999-2009) Policy-Making in Turkey: Controversies, Controversies, Turkey: in Policy-Making - CHP) ruled the the -CHP) ruled Partisi Halk Cumhuriyet TTAŞ) and and TTAŞ) A.Ş- Telefon Telsiz Türk , Ankara University European Research Research European University , Ankara 8

; the ; the 9

- Turkey’s neutrality. ( Telegraph Authority 1939, Ankara Radio began to broadcast news news broadcast to began Radio Ankara 1939, In 1949, Izmir Municipality also established a established also IzmirMunicipality In 1949, for contract request company’s the In 1936, 10 Second World War, this station emphasized War, World emphasized Second thisstation and spirits as the modern time dictates.” time modern the as spirits and (Basın, Yayın ve Enformasyon Yayın Enformasyon ve (Basın, Information and year, same in the issued radio edict an and policies. In its broadcasting during the during the broadcasting In its policies. and state-run enterprise in 1953. Izmir thus Izmirthus in 1953. enterprise state-run were transmitters company’s The itself. state Genel Müdürlüğü- BYEGM Müdürlüğü- Genel PTT), which marked the the marked which PTT), Müdürlüğü- Genel understand the flow of ideas, while on the the on while ideas, of flow the understand defend our national and legitimate cause and and cause legitimate and national our defend other hand we need to bring out publications publications out bring to we need hand other Through broadcasting. radio contemporary of other nations informed about Turkey’s about informed nations stance other Mustafa Kemal Atatürk defined BYEGM’s defined Atatürk Kemal Mustafa thislaw, to wrote he preamble In the Ministry. what established May 1940 22 of no. 3837 Law became the third major center for radio for radio center major third the became a into transformed was which station, radio to aim an with publications out bring to need we hand one “On the follows: as purposes Prime the of Office the under presently the by out carried be to began broadcasts standards the up to live didnot programming its that grounds the on rejected was renewal bulletins in foreign languages in order to keep keep to in order languages in foreign bulletins In 1964. until last would which broadcasting in monopoly state of period the of beginning is today called the Directorate General of Press Press of General Directorate the is called today within the nation to produce a union of ideas ideas aunion of produce to nation the within to constantly scrutinize the foreign press to to press foreign the scrutinize constantly to transferred to the Postal, Telephone and Postal, the to transferred History and Function and History - BYEGM), Basın, Yayın ve Enformasyon Genel Müdürlüğü Müdürlüğü Genel Yayın Enformasyon ve Basın, visited on 8 October 2010). 8October on visited ( http://www.byegm.gov.tr/sayfa.aspx?Id=61 (last (last http://www.byegm.gov.tr/sayfa.aspx?Id=61 Information and Press of General Directorate Posta, Telefon ve Telgraf Telgraf ve Telefon Posta, a public body body ), apublic , available at: at: , available 10

19 20 ideology. of official consolidation and of radioin the establishment use the monopoly state under demonstrates broadcasting Radio The first decade of radio broadcasting under under broadcasting radio of decade first The Ankara radios play pieces ‘composed according ‘composed according pieces play radios Ankara Istanbul. Istanbul. 11 government, which had highly identified itself itself identified highly had which government, and Armenian songs; these were closer to the the to closer were these songs; Armenian and Arabic to listen to able be to Yerevanand as so state monopoly demonstrates the use of radio radio of use the demonstrates monopoly state sing society, the ban was yet another instance instance another yet was ban sing the society, ding to the contemporary music norms.” contemporary ding the to emotions and ideas and process them accor them process and ideas and emotions these of striking most The ideology. official of the instrumentalization of the media by the the by media the of instrumentalization the of aconsiderable thisperiod, During 1936. of half first the into and 1935 through continued over society. The transition to the multi-party multi-party the to transition The society. over Foreign Affairs dictated that Istanbul and and Istanbul that dictated Affairs Foreign of Ministry the speech, Atatürk’s Following broadcasting in Turkey after Ankara and and in Turkey Ankara after broadcasting noble expressions describing elaborate elaborate describing expressions noble collect to is necessary “it that and perfect from far was time the at music broadcast being the that noted Atatürk in 1934, parliament music. Implemented in the name of moderni of name in the Implemented music. accustomed been had who people of number regime did not alter this reality. thisreality. alter didnot regime in the establishment and consolidation of of consolidation and establishment in the was the two year ban on playing traditional traditional playing on ban year two the was with the state, in order to have direct control control have to direct in order state, the with their antennas to the radios of Egypt, Crimea Crimea Egypt, of radios the to antennas their tuned music now traditional to listening to technique.’ ban This Western classical the to folk music on the radio. In his address to to In his address radio. music the on folk folk music of Turkey than classical Western Western Turkey music of folk classical than (1990), p. 707-713, 709. p. 707-713, (1990), Dergisi Merkezi Araştırma G. Gökçe, “Sanat Kurumlarının Oluşmasında Oluşmasında Kurumlarının “Sanat Gökçe, G. Atatürk Atatürk 18/VI Agencies) Art the of establishment the in Atatürk of Role Rolü,” (The Atatürk’ün 11

- - 80% of the entire population at the time) the at and population entire the of 80% 12 CHP in the 1950 national elections. elections. national 1950 in the CHP against the regime’, there remained no regime’, no the remained there against being of because establishment its after agricultural products), increasing inflation and and inflation increasing products), agricultural Fırkası signed the UN Treaty in 1945, it was no longer no was it Treaty UN the in 1945, signed country until the 1950s. By 1945, major major By 1945, 1950s. the until country the of name the under in 1930 party opposition comply with democratic principles after having after principles democratic with comply Free Republican Party ( Party Free Republican Cum Terakkiperver of dissolution the Following Party ( Party Plan consequently, Marshall the Doctrine; heavy taxes (1942 Wealth Tax, Wealth (1942 taxes heavy in the dissent of expression formedium the ‘a threat as elites ruling the by perceived another country—founded the of president required Turkey to embrace democracy and a and Turkeyrequired democracy embrace to Turkey In 1947 Truman the regime. accepted party single the with continue to possible landowners, the rural population (comprising population rural the landowners, land reform. At a time when Turkey when At atime reform. to had land huriyet Fırkası huriyet the Turkishthe to due discontent were bourgeoisie the way for the formation of the Democrat Democrat the of formation way for the the to a multi-party system with DP’s defeat of of DP’s defeat with system amulti-party to free market economy. This stipulation paved economy. stipulation This market free The 1942 Wealth Levy Tax, No. 4305, levied levied 4305, Tax, No. Levy Wealth 1942 The 135-153. Varlık Varlık Aktar, A. 1944. March 15 on law the of camps around the country. This discriminatory discriminatory This country. the around camps discriminating between similarly situated situated similarly between discriminating non-Muslims, on taxes high disproportionately (2000), p. (2000), Politikaları ‘Türkleştirme’ ve Vergisi Non-Muslims unable to pay the high taxes within within taxes high the pay to unable Non-Muslims with the annulment annulment the with iure de and camps, labour the from non-Muslims remaining the of release the with 1943 December in facto de ended treatment labour to transferred were period month one the former. the to latter the from wealth transferring Muslims and non-Muslims for the purpose of of purpose the for non-Muslims and Muslims ). With the closure of this party shortly shortly thisparty of closure the ). With Demokrat Parti Demokrat , Atatürk-who was still the the still was , Atatürk-who - DP) and the transition transition the - DP) and Serbest Cumhuriyet Cumhuriyet Serbest 12 tax on on tax - T The media in Turkey, restricted in its content by by in Turkey, media content The in its restricted 1.2. M 1.2. 13 14 granting journalists social rights. Yet, three rights. social journalists granting and universities were adopted. Press organs organs Press adopted. were universities and M the of down the journalists’ union. The radio turned turned radio union. The journalists’ the down causing the 1950s to be known as the “partisan “partisan the as known be to 1950s the causing legal introduced government The exception. country. In response to demands for greater for greater demands to In response country. in the for democratisation expectations censorship. By 1955, court cases against the the against cases court By 1955, censorship. to subjected were government the of critical years later, legal amendments designed to to designed later, amendments years legal DP rule between 1956 and 1960 was no no was 1960 and 1956 between rule DP DP’s coming to power in 1950 gave rise to great great to gave rise in 1950 DP’s coming power to radio” years. radio” closed and press the of freedom on restrictions press law was adopted, soon followed by a law alaw by followed soon adopted, was law press aliberal July 1950, 15 On priority. of matter been used as a medium of manipulation. of amedium as used been press had increased. increased. had press into a political apparatus of the government, government, the of apparatus apolitical into increase government control over the press press the over control government increase the state from its very inception, has often often has inception, very its from state the freedoms, DP named freedom of the press a press the of freedom named DP freedoms, M he that Atatürk’s house in Thessaloniki Thessaloniki in house Atatürk’s that Newspaper One of the prime examples of this were the the were this of examples prime the of One Partizan Partizan Aksoy, M. citing p. 108, 2010, Sümer, on the press. It was later found out that the item item the that out found later It was press. the on government-backed violent mobs attacked attacked mobs violent government-backed Stratejileri ve Politikaları Bağlamında 6–7 Eylül Eylül 6–7 Bağlamında Politikaları ve Stratejileri declaration of martial law and the issuing of bans bans of issuing the and law martial of declaration and institutions in Istanbul. The incidents were were incidents The Istanbul. in institutions and unarmed non-Muslim civilians and their property property their and civilians non-Muslim unarmed Greece were strained over Cyprus, this “news” “news” this Cyprus, over strained were Greece (2006). Olayları (1960). DP ve Radyo Istanbul Ekspress Ekspress Istanbul the in item anews by triggered by the state. The incidents resulted in the the in resulted incidents The state. the by supported even and tolerated been hitherto had with relations when atime At bombed. been had incidents of 6-7 September 1955, when when 1955, September 6-7 of incidents in question had been a product of yellow yellow of aproduct been had question in which minorities, non-Muslim on attacks incited Cumhuriyet Dönemi Azınlık Azınlık Dönemi Cumhuriyet D. Güven, journalism. ulti anipulative F 14 edia - The names of citizens who who citizens of names The party Y ears unction : 13 The The M the The most significant development in mass in mass development significant most The Turkey has witnessed three military interventi military three Turkey witnessed has 1.3. M 1960, 1971 and 1980 was followed by a period of of aperiod by followed was 1980 and 1971 1960, 15 and association on the other. Public television other. the on television Public association and anthem. The news headlines followed the the followed headlines news The anthem. the institutionalized coup 1960 the after d’état coup a tool for “manufacturing consent” for “manufacturing a tool army overthrew the elected government and and government elected the overthrew army elected governments on the one hand, and hand, and one the on governments elected Turkish the of and Radio establishment May 1960 27 the following communications freedom. forons media ons in the conventional sense, whereby the the whereby sense, conventional inons the extension, were announced on a daily basis on on basis adaily on announced were extension, Paradoxically, the 1961 Constitution enacted enacted Constitution 1961 the Paradoxically, ( Corporation Broadcasting most innovative and effective means through through means effective and innovative most under in 1967 launched was broadcasting repercussi significant had which rule, military broadcasting every day with the national national the day with every broadcasting sphere. public in the visible became ments country, in the activity political and social rable conside of atime also were 1960s hand, the monitoring the society. society. the monitoring lance effect on society. In short, radio became became radio In short, society. on effect lance joined the Homeland Front, DP’s political Front, DP’s political Homeland the joined which the state reached the masses. The TRT’s The masses. the reached state the which expression of freedom of scope the widened when leftist, nationalist and Islamic move Islamic and nationalist leftist, when levizyon Kurumu levizyon these circumstances and gradually became the the became gradually and circumstances these television and radio channels began their their began channels radio and television over judiciary the and military the of tutelage coup d’etat coup power. over the of took Each the radio to create an uneasy kind of surveil of kind uneasy an create to radio the Manufacturing Manufacturing Chomsky, N. and Herman S. E. Media Mass the of Economy Political The Consent: (1988). ilitary R edia , which brought down DP, down brought , which the was - TRT) in 1964. On the other other the On in 1964. - TRT) egimes and Türkiye Radyo ve Te ve Radyo Türkiye 15 and and s in ------

21 22 television. the public via to announced was intervention military 12th,September 1980, Turkey’s time that a the third, first was of coup theThe sought establishment. entire seize media to d’état coup each also after established regimes Military TRT became the battle ground for the political political for the ground battle the became TRT in coup military second Turkey its experienced 1970, which was followed by a period of great great of aperiod by followed was which 1970, 16 September 12 September as “protocol reporting.” Having said that, that, Having said reporting.” “protocol as announced to the public via television. It also It also television. via public the to announced also sought to seize the the seize to sought d’état also coup each after struggle between the National Front govern National the between struggle society, for instance during the short period of of period short during the for instance society, order of state protocol, i.e. news related to the the to related news i.e. protocol, state of order entire media establishment. The coup of of coup The establishment. media entire years of the decade. Between 1974 and 1980, 1974 1980, and Between decade. the of years ments final in the particularly instability, political with houses of number the sets, TV of price in drop the the With in 1974. broadcasting hour and masses for the information providing an held also has it ideology, for official nation labeled be to minister, reporting TRT causing prime the concerning those preceded president marks the beginning of the structural transfor structural the of beginning the marks leadership under İsmail Cem, TRT began 24 24 began Cem, TRT İsmail under leadership introducing political and social issues to to issues social and political introducing Turkish in the place by media important indoctri the of medium the as instrumentality while the TRT has always preserved its its preserved always has TRT the while televisions proliferated. proliferated. televisions first time that a military intervention was was intervention amilitary that time first The coalition government established on 31 31 on established government coalition The and remained in power until 1978. 1978. until power in remained and Government was formed in 1977, again by Demirel, Demirel, by again 1977, in formed was Government Front National Second The Government.” was later named the “First National Front Front National “First the named later was the right-wing political parties in the parliament, parliament, the in parties political right-wing the March 1975 by Süleyman Demirel, constituted of of constituted Demirel, Süleyman by 1975 March 16 and CHP. Military regimes established established regimes CHP. and Military th , 1980, Turkey’s, 1980, the third, was - - - “nation.” The media, especially television, was was television, “nation.” especially media, The T The military regime established by the junta junta the by established regime military The J ANAP) under the leadership of Turgut of leadership Özal the under ANAP) 1983, the Communications High Council Council High Communications the 1983, 1.4. T 1.4. 17 government. This and similar bodies regulating regulating bodies similar and This government. aim; indeed, it was used very effectively. In effectively. very used was aim; it indeed, afterwards.” This in 1983. elections national the after aim was to create a citizenry which was was which acitizenry create to was aim sacrifice their individuality in the name of the the of name in the individuality their sacrifice S ( uncritical, non-interfering and ready to to ready and non-interfering uncritical, different walks of social life consolidated the the consolidated life social of walks different oversee the communication policies of the the of policies communication the oversee to established body, was military and civilian The suppressed. and prohibited was dissent encouraged by ANAP’s liberal economic economic liberal ANAP’s by encouraged came to an end with the coming to power of of coming power to the with end an to came opposition groups and a process of uniformisa of aprocess and groups opposition day. present the to This stretches that country L mical factors have become the determinant determinant the have become factors mical “econo 1980s, in the media the shaped mainly factors social and political While reforms. “economic the of beginning the marked period was characterised by attacks on on attacks by characterised was period in the life social and political the of mation long reach of military tutelage over society. over tutelage military of reach long liberalisation process” in Turkey. process” ANAP liberalisation the most important tool for arriving at this at for arriving tool important most the (Anavatan Partisi (Anavatan Party Motherland the transformed the economy through free-market free-market through economy the transformed tion where even the most benign form of of form benign most the even where tion Haberleşme Yüksek Kurulu-HYK Yüksek Haberleşme into E ournalism an T he iberalisation 1980 the of ector E. Dağtaş, “Uniformity of Media in Turkey: in Media of “Uniformity Dağtaş, E. Tabloid Journalism Accompanied by Racy Popular Popular Racy by Accompanied Journalism Tabloid and Development, Havana, 11-14 June 2007, p. 2. 2007, June 11-14 Havana, Development, and Culture,” Fifth International Congress on Culture Culture on Congress International Fifth Culture,” E he ransformation of 17 conomic The private entrepreneurship entrepreneurship private The ), a hybrid ), ahybrid conomic - s : - - Turkey’s Consequently, issues many media. station television aprivate of launch The The launch of the first private television television private first the of launch The 133 in 1993, state monopoly over broadcasting broadcasting over monopoly state in 1993, 133 18 Germany due to a constitutional prohibition on on prohibition aconstitutional to due Germany shareholders. With an amendment to Article Article to amendment an With shareholders. station, “Magic Box” (which was later rena later (which was Box” “Magic station, coup d’état coup 1980 the After for debate. open in diversification the engendered in 1992 outfit broadcasting radio private first the of opening of number in the increase TV. The Star of Many actors. of amiscellany of emergence the and atmosphere adynamic created legal the providing adopted, was Law on established TRT’s monopoly over all broadcas all over TRT’s monopoly established videos and entertainment), were the creations creations the were entertainment), and videos public sphere, thanks to the dynamism of the the of dynamism the to thanks sphere, public groups silenced and repressed hitherto many the and 1990s during the channels private private broadcasting at the time. The company company The time. the at broadcasting private from satellite via broadcasting its begin in Turkey. communication mass to 1had Star for event alandmark was 1), Star med in 1990 policies was also visible in the media industry, industry, media in the visible also was policies in society emerged in the forefront of Turkey’s of forefront in the emerged in society was abolished. In 1994, the Radio and Televisi and Radio the In 1994, abolished. was was able to circumvent Article 133 which which 133 Article circumvent to able was where companies entered into a bitter rivalry rivalry abitter into entered companies where that were previously considered taboo became became taboo considered previously were that thematic channels, such as Kral TV (for music TV Kral as such channels, thematic the son of President Turgut Özal, was one of its its of one Turgut President of was son the Özal, Özal, Ahmet because mainly ting activities, transfer of media ownership from “journalist “journalist from ownership media of transfer in the resulted This market. the dominate to framework for private broadcasting. broadcasting. for private framework families” to giant corporations. giant to families” Ş. Çağlar and S.Ç. Mengü, “Media Groups and and Groups “Media Mengü, S.Ç. and Ş. Çağlar Media and Global Divides Global and Media Globalization”, XI,n2,2009/10-CakarMenguSebnemCaglar.pdf (International Blind Review), available at: http:// at: available Review), Blind (International www.eptic.com.br/arquivos/Revistas/vol. 2008 July 20-25 Stockholm, Congress, World their Market Shares in Turkey during Turkey in during Shares Market their 18

, IAMCR , IAMCR , - . - - Turkey’s economic transformation during the during the Turkey’s transformation economic 1.5. T 1.5. 1980s gave rise to the emergence of very strong strong very of emergence the to gave rise 1980s was one of its shareholders.was Özal, Ahmet the son of President Turgutmainly because Özal, activities, monopoly broadcasting TRT’s over all established 133 which circumvent ableArticle to companywas The prohibition at the time.constitutional on private broadcasting a to due via satellite Star begin its broadcasting 1hadto 20 19 generated a tendency toward sensationalist sensationalist toward atendency generated on/deregulation of the media in the 1990s 1990s in the media the of on/deregulation the On media. broadcast and print for both ces cross monopolisation cross left media the into holdings these from capital M Media Group, owned by Aydın Doğan. The The Aydın by Group, Doğan. Media owned in lead the take to group first the was Nadir Asil of ownership the under Group Peck Polly result of this change had inevitable consequen inevitable thischange had of result hand, the other the On monopolisation. newspapers in the 1980s and commercialisati and 1980s in the newspapers of tabloidisation rapid the front, press relationships with the political elite caused a caused elite political the with relationships in fringe groups or media for smaller room no big The decade. next in the holdings media history of the country until the early hours of of hours early the until country the of history recent the into probed who intellectuals public between debates televised to went ratings highest the thisperiod, Throughout media. journalism. After the adoption of new broad new of adoption the After journalism. the sector. The media holdings’ organic organic holdings’ media sector. The the the morning. morning. the fastest growing media holding was Doğan Doğan was holding media growing fastest odel Dağtaş, 2007, p. 3. 2007, Dağtaş, situation the to refers monopolization Cross organs in the interest of gaining prestige and and prestige gaining of interest the in organs political power rather than turning aprofit. turning than rather power political where economically strong large companies companies large strong economically where investing in other sectors begin to own media media own to begin sectors other in investing 1990 he s : AN 19 in the industry. in the M ew edia 20 The The - - -

23 24 Kurdistan- PKK).Kurdistan- Kerkerên (Partiya Workers’the payrollParty of the Kurdistan that they on were which alleged by theof chief staff leaked news of the fictitious targets became also known journalists Birand, Ali well- Mehmet Cengiztwo and Çandar process. 28th not the of only the governmenttarget February was The 28 February 1997, what many consider to be the the be 1997, to consider many what February 28 At the end of the 1990s, the media that had long long had that media the 1990s, the of end At the 21 and with governments, they have by and large large have and they by governments, with and or have common and had conflicts, or alliances and commercial media content increasingly be increasingly content media commercial and and freedom of access to information. information. to access of freedom and Estate” “Fourth the as functioning not again shared a common mindset which rests on on rests which mindset acommon shared conflicting economic interests with one other other one with interests economic conflicting political into entered have also outlets content on the rise of Islamism. This catalysed catalysed This Islamism. of rise the on content news/ fictitious published establishment, Turkey’s by prompted organisations, military came more banal. more came intensified sector media in the ownership of concentration the in 1994, legislation casting on two crucial issues: freedom of expression expression of freedom issues: crucial two on relationship with governments. Having said Having said governments. with relationship a become also had state the by controlled been politics, though not followed by the establish the by followed not though politics, of coup” military “post-modern the been has most The interest.’ ‘state the protecting ment of a military regime. Mainstream media media Mainstream regime. amilitary of ment important consequence of this media structure structure thismedia of consequence important that, as stated earlier, although the big media big media the earlier, although stated as that, groups capital for private manipulation of tool for their political and economic benefits in their in their benefits economic and political for their fourth instance of military intervention in intervention military of instance fourth A. Aksoy and K. Robins, “Peripheral Vision: Vision: “Peripheral Robins, K. and Aksoy A. (1997), Planning and Environment Turkey”, A29/11 Cultural Industries and Cultural Identities in in Identities Cultural and Industries Cultural p. 1937-1952, 1943. p. 1937-1952, 21 Turkey’s once was media - - ‘advised’ RP leader Necmettin Erbakan to to Erbakan Necmettin leader RP ‘advised’ The government was not the only target of the the of target only the not was government The 23 22 Çevik Bir, the general who was then the second second the then Bir, was Çevik who general the Sabah and the center right True Path Party ( True right Party center the Path and accuracy of the information leaked from the the from leaked information the of accuracy news fictitious the of targets became also assassination attempt. assassination an survived agent aPKK as branded also organ comprised of civilian and military leaders, leaders, military and civilian of comprised organ conservative Welfare Party ( Party Welfare conservative Islamic the between government coalition Workers’ Party ( Party Workers’ DP). At its monthly meeting in February, in February, meeting monthly DP). At its Partisi- Erbakan would face a more direct military military direct amore face would Erbakan February 28 February PKK). Based on false documents fabricated by by fabricated documents false on Based PKK). journa well-known two Birand, Ali Mehmet resign. The military’s message was clear; clear; was message military’s The resign. regime and created public support for the for the support public created and regime secularist the of reach the over anxiety public military. First Birand and later Çandar were were Çandar later and Birand First military. the check to need the feel didnot which media, militant- aPKK of testimony the on based labeled as “PKK agents” by the mainstream mainstream the by agents” “PKK as labeled that alleged which staff of chief the by leaked organ, media for amainstream working lists intervention had he not agreed to step down. down. step to agreed not he had intervention in command of the Chief of Staff, allegedly allegedly Staff, of Chief the of in command the National Security Council, an executive executive an Council, Security National the toppling of the Welfare Path ( Path Welfare the of toppling turned-informant, both journalists were were journalists both turned-informant, Kurdistan the of payroll the on were they fired by their media patrons in national daily daily in national patrons media their by fired The PKK informant would years later deny that he he that deny later years would informant PKK The this of Çandar Cengiz by account adetailed For ever made such statements in his testimony. his in statements such made ever process the names “Turkey’s Dreyfus Affair,” Affair,” Dreyfus “Turkey’s names the process (2010), p. 292-303. p. 292-303. (2010), Karışma! Siyasete Ey Asker which is commonly known in Turkey as the “Andıç “Andıç the Turkey in as known commonly is which Türkiye’nin Asker Sorunu: Sorunu: Asker Türkiye’nin Cemal, H. see incident”, , 22 while a leading human rights activist activist rights human aleading while th process. Cengiz Çandar and and Çandar Cengiz process. Partiya Kerkerên Kurdistan Kerkerên Partiya 23 Refah Partisi- RP) Partisi- Refah Refah-Yol Doğru YolDoğru ) - - “reformists.” The reformist members, who who members, reformist The “reformists.” Turkey “the depiction of Islam as ‘the other’ or or other’ ‘the as Islam Turkey of depiction “the in the resulted elections national 1999 The Indeed, since the foundation of the republic in republic the of foundation sincethe Indeed, 24 allied itself with the regime and its agents, agents, its and regime the with itself allied as the symbol of ‘non-modern orientalness’ orientalness’ ‘non-modern of symbol the as ( ding its roots in political Islam, AK Party Party AK Islam, in political roots ding its democ “conservative as themselves defined of a pro-EU agenda, which many considered to to considered many which agenda, apro-EU of between government acoalition of creation of the state’s establishment. This challenged challenged This establishment. state’s the of monopoly longer the no under was civilisation” ce of the secular state’s very legitimacy.” very state’s secular the of ce ( Party schism internal an with contend to had RP Party Action National and ANAP) Partisi- ( Party DSP), Motherland Parti- Party’s pro-European stand suggested that that suggested stand pro-European Party’s be an oxymoron both in Turkey both abroad. and oxymoron an be Development and Justice the rats,” founded the and “traditionalists” the between namely the military and high bureaucracy. high and military the namely and himself Atatürk by mission, defined has always constituted the essential substan essential the constituted always has internalised by the society as “catching up as society the by internalised in Turkey in away, been, had “stolen.” This with the level of modern contemporary contemporary modern of level the with which came to power in 2002. Notwithstan in 2002. power to came which the Democratic Leftist Party ( Party Leftist Democratic the the mainstream media, which has traditionally traditionally has which media, mainstream the and establishment the of preconceptions the establishment the of mission” “historical the formed a single-party government on the basis basis the on government asingle-party formed MHP). Meanwhile, MHP). Meanwhile, Partisi- Hareket Milliyetçi Ü. Cizre, “Introduction: The Justice and and Justice The “Introduction: Ü. Cizre, (2008), p. 8. (2008), Party Development and Justice the of Secular and Islamic Politics in Turkey: The Making Making The Turkey: in Politics Islamic and Secular and Reversals Interactively”, in Ü. Cizre (ed.), Ü. Cizre in Interactively”, Reversals and Development Party: Making Choices, Revisions Revisions Choices, Making Party: Development – AK Party), Party), –AK Partisi Kalkınma ve Adalet Demokratik Sol Sol Demokratik Anavatan Anavatan 24 AK AK - - - The EU process, which accelerated with the the with accelerated which EU process, The Turkey suffered one of the worst economic economic Turkey worst the of one suffered M the and 1.6. E 1.7. T 1999, required the undertaking of reforms in reforms of undertaking the required 1999, big player in industry. the media which, made it a banks onoftook management the bankrupt Fund Mevduatı (Tasarruf Fonu-Insurance Sigorta TMSF) investments in sector. the banking Saving The Deposit hadsubstantial some companies of the media because industry for the media repercussions downfallThe hadserious Insurance Fund ( Insurance 25 TMSF) in 2004, making this agency abig thisagency making in 2004, TMSF) Fonu- acceptance of Turkey as a candidate country in country Turkey of acandidate as acceptance showed that this “business-media-banking this“business-media-banking that showed substantial had companies media the of some S companies. The management of the bankrupt bankrupt the of management The companies. media owned also which groups, business of crises of its history. The downfall had serious serious had downfall The history. its of crises cycle is no longer operational” in Turkey. longer is no operational” cycle R Regulation and Supervision Agency’s ( Agency’s Supervision and Regulation Between November 2000 and February 2001, 2001, February and 2000 November Between player in the media industry. industry. media in the player Saving Deposit the by over taken was banks anumber of licences banking the of revocation banking crises eventually led to the Banking Banking the to led eventually crises banking human rights. This implied not only fundamen only not implied This rights. human bankruptcy of a number of large private banks banks private large of anumber of bankruptcy because industry media for the repercussions investments in the banking sector. The sector. The banking in the investments BDDK) BDDK) Kurulu- Düzenleme ve Denetleme lık the media sector as well as in the area of of area in the as well as sector media the tal changes in the legal framework of the the of framework legal in the changes tal ector M the of estructuring Sümer, 2010, p. 115. p. 115. 2010, Sümer, EUhe A conomic C edia ccession P Tasarruf Mevduatı Sigorta Sigorta Mevduatı Tasarruf the risis and rocess edia Bankacı 25 The The - -

25 26 Turkey made the process of change a difficult change adifficult Turkey of process the made all walks of life and in the political structure of of structure political in the and life of walks all one. The historical role attributed to the media media the to attributed role historical The one. crucial aspect of the democratisation process process democratisation the of aspect crucial prevalent the of overhaul an also but country reproducing the statist political culture made culturemade political statist the reproducing prominence and domination of the military in military the of domination and prominence A media. culturein the dominant and mindset in consolidating the influence of the army army the of influence the in consolidating it one of the most critical actors of this political thispolitical of actors critical most the of one it was the redesign of the relationship between between relationship the of redesign the was through “state-military correspondence” and and correspondence” “state-military through the military and the civilian governments. The The governments. civilian the and military the sector to foreign investment. foreign to sector media. Meanwhile, the increasing pressure on on pressure increasing the Meanwhile, media. began before, never which, as society of ments tutelage— military-bureaucratic-judicial the between caught was media, mainstream required Turkey to further open its media media its Turkey open required further to which depended on the media for the preserva for the media the on depended which acquis communitaire communitaire EU’s the by acquis as well tion of the official ideology and those seg those and ideology official the of tion the media from an ever globalised economy as as economy globalised ever an from media the impartial and independent atruly demand to Turkish the The especially media, transition. - - Second Section

Turkey has a population of 74,816,000, the the 74,816,000, of Turkey apopulation has Media Landscape in Turkey 28; thus, it has quite a young readership. The The ayoung quite readership. thus, has 28; it 50% of the total population is under the age of of age the is under population total the of 50% 30 26 27 29 28 and 34. and shows are the most popular programs among among programs popular most the are shows discussion programs have high ratings as well. well. as have ratings high programs discussion on a daily basis. adaily on viewing, has one of the largest TV audiences in audiences TV largest the of one has viewing, Development Programme, the rate of literacy literacy of rate the Programme, Development majority of readers are between the ages of 16 16 of ages the between are readers of majority majority of which consists of young people; young of people; consists which of majority months of 2009, serials and day-time cooking cooking day-time and serials 2009, of months three first during the viewing TV measured not read a newspaper regularly, 90% watch TV TV watch regularly, 90% anewspaper read not is considered literacy of rate the population, low. Although 60% of the people in Turkey people the of do 60% low. Although in Turkey is 88.7% the Turkishthe people. the world. the “Adult Literacy Rate” (2007), available at: http:// at: available (2007), Rate” “Adult Literacy R. Barış, “The Turkish Media Landscape,” in G. G. in Landscape,” Media Turkish “The Barış, R. United Nations Development Programme (UNDP), (UNDP), Programme Development Nations United G. Terzis, “Editor’s Preface,” in G. Terzis (ed.) Terzis G. in Preface,” “Editor’s Terzis, G. Kılavuzu: Anlama Türkiye’yi Nalçaoğlu, H. National Governance: Media (ed.)Terzis European Radio and Television Supreme Council ( Council Supreme Television and Radio Yıllarının İlk Üç Aylık Dönemlerinin Karşılaştırması Karşılaştırması Dönemlerinin Aylık Üç İlk Yıllarının (2005), p. 289-302. (2005), Dimensions Regional and Türkiye’de Yaşam Tarzları ve Eğilimler ve Tarzları Yaşam Türkiye’de com/rtukun-arastirmasi-izleyici-en-cok-hangi- Radyo ve Televizyon Televizyon ve Radyo -RTÜK), Kurulu Üst Televizyon available at: http://www.dorduncukuvvetmedya. at: available ve 2009 Yılı Genel Değerlendirmesi Yılı Genel 2009 ve visited on 9 October 2010). 9October on visited (2010), p. 83. p. 83. (2010), European Media Governance: National and and National Governance: Media European Üst Kuruluna Gelen Bildirimlerin 2007-2008 ve 2009 2009 ve 2007-2008 Bildirimlerin Gelen Kuruluna Üst (last visited on 12 12 on visited (last programlari-izliyor.html September 2010). September (2005), p. 14. p. 14. (2005), Dimensions Regional (last (last hdrstats.undp.org/en/indicators/89.html 26 According to the United Nations Nations United the to According 29 According to a report which which areport to According 28 Turkey, daily of 5hours with 27 30 and in light of its total total its of in light and News channels and and channels News , 27 May 2009, 2009, May , 27 , Ipsos KMG KMG , Ipsos Radyo ve ve Radyo The total size of the advertising sector is likely sector advertising size the of total The The advertising shares of other media forums forums media other of shares advertising The Television’s market advertising in the share Association, spending on advertising in Turkey advertising spendingon Association, Advertisers’ the by data recent to According Also, Turkish people perceive television as one one as television TurkishAlso, perceive people 32 31 Source: Advertiser’s Association, 2010 First Quarter Investments on Media, (2010). Media, on Investments Quarter First 2010 Association, Advertiser’s Source: are as follows: print media (26.70%); media print follows: as are outdoor (6.59%); (2.78%); radio (1.31%). cinema and like) the and (7.03%);(billboards internet of the most reliable sources of information. of sources reliable most the of billion TL (1.2 billion USD) and is expected to to USD) (1.2 is expected billion TL and billion 1.84 to 2010 of half first in 36.3% the by rose increase by more than 30% by the end of 2010. 2010. of end the by 30% than more by increase includes 55.59% of the advertising expenditure. expenditure. advertising the of 55.59% includes to reach 3.7 billion TL by the end of the year. the of end the by TL 3.7 billion reach to The AdvertisingSharesofMediaForums Medya Yatırımları Medya 2010 Yılı İlk Dönem Dönem Yılı İlk 2010 Association, Advertisers’ p. 83. 2010, Nalçaoğlu, (last visited on 10 September 2010). September 10 on visited (last of_2010/ spending_rises_by_36.3_percent_in_first_half_ Business/69084_Turkey%3A_Advertising_ http://www.finchannel.com/Main_News/ 23% 7% 7% , 06 August 2010, available at: at: available 2010, August , 06 3% 1% 55% 31 32

Television Print Media Outdoor Internet Radio Cinema

29 30 Yay-Sat MDP, and respectively. monopoly over the distribution of the print through media have Group a also Group Doğan Merkez and Media The groups eight in media Turkey. the biggest to belong periodicals major privateAll television newspapers radiostations, and and The media sector in Turkey into sector media The is divided in Turkey faculties communication 33 are There MDP 2.1. P The group also also group The Moda. Radio and Radio Turk Group also have a monopoly over the distribu the over have amonopoly also Group Hürriyet, Milliyet, Milliyet, Hürriyet, dailies: eight has group groups. The Doğan Media Group and Merkez Merkez and Group Media Doğan The groups. Radio D, Slow Radio channels radio and Turk CNN and aggregations. The biggest eight of the 15 15 the of eight biggest The aggregations. students in Turkey media given being students are Groups. All All Groups. İhlas and Doğuş Ciner, Feza, Çalık, education starting in primary school. in primary starting education Kanal D, Star Kanal channels TV national the owns have a Milliyet and Hürriyet News. Daily Hürriyet owns a digital platform called D-Smart called platform adigital owns channels. Moreover, the group provides access access Moreover, provides group the channels. Radikal, Posta, Vatan, Fanatik, Referans and and Referans Fanatik, Vatan, Posta, Radikal, Established in 1980, Doğan Media Group is the is the Group Media Doğan in 1980, Established merged with Radikal with merged is a view. of Posta point asocial-democrat has Radikal while position statist and nationalist newspapers and periodicals belong to these these to belong periodicals and newspapers stations, radio and television private major Çukurova, Doğan, Albayrak, are groups media largest media holding company in Turkey. company holding media largest The includes many thematic and pay-per-view pay-per-view and thematic many includes with around 21,000 students. Since 2008, Since 2008, students. 21,000 around with was a was Referans and newspaper tabloid tion of the print media through Yay-Sat and through media print the of tion financial newspaper that has recently been been recently has that newspaper financial satellite. It has a It has satellite. Türksat on channels TV for all , respectively. , respectively. rint &B M roadcast . Doğan Media Group also also Group Media . Doğan edia , which , which - Turkmenistan. It has an English daily called called daily English an Turkmenistan. It has Doğan Burda Rizzoli Rizzoli Burda Doğan includes also group The The Albayrak Group was established in 1952. in 1952. established was Group Albayrak The has been the most circulated daily daily circulated most the been has Zaman Azerbaijan, Bulgaria, Germany, Romania, Bulgaria, Azerbaijan, 34 33 Today’s Zaman groups are affiliated with the Fethullah Gülen Gülen Fethullah the with affiliated are groups and merchandising company, merchandising and D&R Kitap Doğan publishing house, agency, DHA, another investment of the group in Romania. in Romania. group the of investment another agreement with Samanyolu Group. Both Group.Both Samanyolu with agreement addition, the group collaborates with interna with collaborates group the addition, across investments has and universities and National Geographic. National and Virgin, stake in the cinema and advertising industries industries advertising and cinema in the stake a joint venture with the German German the (DBR), with venture ajoint Until 1982, it was active only in the constructi in only the active was it 1982, Until corporation Rizzoli. corporation in 1995. Yenidaily Şafak community conservative Muslim close-knit on sector. The group began publishing the publishing the began group sector. The on Feza Group. In 1994, the group also launched launched also group the Group.In 1994, Feza and Macedonia, Kyrgyzstan, Kazakhstan, Doğuş Media Group was founded in 1999. Its Its in 1999. founded was Group Media Doğuş published in Turkey Itpaper is also 1986. since and the Italian media media Italian the and Burda publishing house magazine, Aksiyon magazine, movement, an extremely well organized and and organized well extremely an movement, left-wing columnists who do not belong to the the to belong not do who columnists left-wing its own news agency, news Cihan own its internationally in Australia, the United States, States, United the in Australia, internationally which operates Turkish instruction schools schools Turkish operates instruction which through DProductions through CNBC, NBA, Billboard, Billboard, NBA, CNBC, as such brands tional the world. the first channel was the news channel, NTV channel, news the was channel first Turkey – Armenia Manual: Information and and Information Manual: –Armenia Turkey ESI, 22 publish together groups media three These (2010), p. 62. (2010), Relations Turkey-Armenia Contacts to Persons and Institutions Working on on Working Institutions and Persons to Contacts magazines in Turkey. Barış, 2005, p. 291. 2005, Turkey. in Barış, magazines . Both papers are owned by the the by owned are papers . Both . Feza has a partnership apartnership has . Feza 33 Doğan runs its own news news own its runs Doğan Channel Romania Dis Romania . Channel 34 Having liberal and and Having liberal , and weekly weekly , and . . In , - - Pas Pas and Takvim, Günaydın (Izmir), Sabah, Asır Alem Alem and newspapers Tercüman Güneş, Akşam, The Turkuvaz Group belongs to Çalık Holding. Holding. Çalık to Turkuvaz belongs The Group Mother and Baby. and Mother 2,459 newspapers in Turkey, newspapers 2,459 are which of 55 According to BYEGM, as of 2008, there are are there 2008, of BYEGM, to According as 36 35 In December 2007 the group bought the the bought group the 2007 In December Islamic community the paper has emerged emerged has paper the community Islamic TVNET Çukurova Holding currently publishes the the publishes currently Holding Çukurova Ciner Publishing Holding was founded; it founded; it Publishingwas Ciner Holding Ciner Holding was an active company in the in the company active an was Holding Ciner as the television station ATV station television the as Fotomac automotive and energy sectors under the the under sectors energy and automotive GEO, Travel, and and Food FHM, Newsweek, sed the leader in the GSM in the leader the Turkcell, stations. The company holds interna holds company The Habertürk. Gazete as well well as Enerji, Gobal and Yeni Aktuel Art, Home Habertürk.com, Habertürk Habertürk Habertürk.com, owns currently 2007 sector. In media September the entered Bloomberg HT Radyo HT Bloomberg and TV berg Merkez Medya Group from Ciner Holding and and Holding Ciner from Group Medya Merkez and Habertürk TV, Ajans Habertürk Radyo, belong to Ciner Group as does the recently clo recently the does as Group Ciner to belong became the proprietors of the newspapers Yeni newspapers the of proprietors the became thisgroup. to belong TV TV Turk Sky Showand the owns and magazine perspective especially about the controversial controversial the about especially perspective name of Park Holding. In 2002, the company company the In 2002, Holding. Park of name Maison, Maison, and Claire Marie of editions language which broadcasts broadcasts which Digiturk, as well as industry, issues.” the national football league matches, also also matches, league football national the tional TV and radio channels such as Bloom as such channels radio and TV tional “offers a relatively broader broader arelatively “offers from, Yeni Şafak ESI, 2010, p. 63. 2010, ESI, p. 291. 2005, Barış, , a news channel. channel. , anews 35 Bebeğim ve Biz, Sinema, Sinema, Biz, ve Bebeğim weeklies , the Since 2007 it has been running been has it Since 2007 . 36 . The Turkish. The - - - Among the national dailies, according to their their to according dailies, national the Among 38 37 Source: Dördüncükuvvetmedya, http://www.dorduncukuvvetmedya.com, (2010). http://www.dorduncukuvvetmedya.com, Dördüncükuvvetmedya, Source: On the other hand, Izmir, the western port city city hand, Izmir, port other the On western the all of the national newspapers and broadcas and newspapers national the of all (651,072),Posta Zaman sales, weekly average (440,345), Sabah (371,007) (371,007) (440,345), Sabah Hürriyet (485,971), of Turkey,of aregional has that city only is the Sözcü (232,812) the are Sözcü and (255,423) Habertürk national level. level. national newspaper, Yeni Asır Turkey.of of centers media headquarters The national, 23 regional and 2,381 local. 2,381 and regional 23 national, million that have the highest readership. readership. have highest that the million 4.5-5 of circulation adaily with papers national major ones. major ting companies are located in these two cities. cities. two in these located are ting companies Weekly SalesofNationalDailyNewspapers Geçtiğimiz Haftanın Haftanın Geçtiğimiz Dördüncükuvvetmedya, Türkiye’de Kaç Gazete ve Televizyon Televizyon ve Gazete Kaç Türkiye’de Medyaradar, dergi-sayisi-ne-kadar--peki-kac-iletisim- 1 October 2008, available at: http://www. at: available 2008, Var?, 1October Gazete Tirajları Belli Oldu Belli Tirajları Gazete visited on 10 September 2010). 2010). September 10 on visited (last visited on 10 October 2010). October 10 on visited (last medyaradar.com/haber/gundem-21476/ www.dorduncukuvvetmedya.com/gectigimiz- haftanin-gazete-satis-rakamlari-belli-oldu.html turkiyedeki--gazete--televizyon--radyo-ve- (last (last fakultesi-var--iste-cok-ilginc-rakamlar.html Average Weekly Sales 400.000 600.000 700.000 200.000 500.000 300.000 450.000 650.000 250.000 550.000 350.000 100.000 150.000 50.000 0 38 Istanbul and Ankara are the the are Ankara and Istanbul Zaman , which is known at the the at is known , which , available at: http:// at: , available Posta Hürriyet 37 It is the - Sabah Habertürk Sözcü

31 32 40 There are currently approximately 1,087 private private 1,087 approximately currently are There Turkish. 92 on satellite. on 92 Music and and D, Türk CNN ATV, Kanal NTV, 2010, 5-Anadolu and TRT GAP TRT 5-Anadolu and TRT Kid, TRT News, News, TRT Kid, hours), TRT specific at Assembly for Middle Asia and and Asia for Middle TRT-AVRASYA Australia; 39 65 of these channels are available on cable and and cable on available are channels these of 65 TRT TRT and HD TRT Sports, TRT Documentary, TRT Grand 3(National TRT 1(general), TRT for the Arab world. The most most The world. Arab for the TURKIYYE are national, 100 regional and 951 are local local are 951 and regional 100 national, are significant change concerning public broadcas public change concerning significant channels with different broadcasting themes: themes: broadcasting different with channels cast exclusively in a language other than than other in alanguage exclusively cast channels. The national ones are as follows: follows: as are ones national The channels. are the top five heading the list. the heading five top the are Habertürk countries, Central Asia, the Middle East and and East Middle the Asia, Central countries, (TRT-FM, native native 2(TRT-FM, Radyo 1(general), Radyo BYEGM reports that, as of 2008, the total num total the 2008, of as that, BYEGM reports Public broadcaster TRT has 13 television television 13 has TRT broadcaster Public ber of television channels in Turkey channels isof 258, television of ber market. According to the ratings of September September of ratings the to According market. broadcasting private in the actors main radio stations. TRT has six national radio radio six national has TRT stations. radio in Turkey; of 100 broadcasting channels radio became the first TRT channel ever to broad to ever channel TRT first the became nal channels— nal broadcasting on January 1 January on broadcasting which 27 are national, 16 regional and 215 local. local. 215 and regional 16 national, are 27 which these are also available on cable. Of these, 36 36 these, Of cable. on available also are these the launch of 24-hour Kurdish language Kurdish language 24-hour of launch the been has process EU accession in the TRT ter TRT- ET TRT- 2010, April and,since Caucasus the Balkan for the Avaz TRT Caucasus, the Eylül Ayının en çok İzlenen İzlenen çok en Ayının Eylül Gazeteciler.com, Medyaradar. cok-izlenen-kanali-hangisi-oldu-23355h.html (last visited on 10 October 2010). October 10 on visited (last www.gazeteciler.com/rating/eylul-ayinin-en- Kanalları . TRT also has two regional— two has also . TRT , 01 October 2010, available at: http:// at: available 2010, October , 01 39 for Europe, USA and for Europe, and USA Turk TRT The multimedia groups are the the are groups multimedia The —and four internatio —and st TRT 6 TRT , 2009. TRT TRT 40 - -

- - - 41 The official news agency, Anadolu Agency Agency agency, news Anadolu official The in Turkey. agencies news 24 of atotal are There carries Turkey’s FM Avrupa carries Türkiye 2009, Agency ( Agency ( Agency 1999. It has 30 domestic and 19 international international 19 and domestic 30 It has 1999. 2.2. N 2.2. (traditional Turkish (traditional and Türkü TRT and Nagme It provides an average of 450 text stories, 400 400 stories, text 450 of average an It provides Group), (Feza Yeni Aktüel Aksiyon these, Of agency of Doğan Holding and was founded in founded was and Holding Doğan of agency service The Voice The Turkey of ( service ( TRT themes) TRT and international (regional and 6 music), TRT traditional (Turkish and folk Economist Economist and Group),(Turkuvaz Newsweek established in 1994. It has six domestic offices. offices. six domestic It has in 1994. established offices in Turkey abroad. 26 and offices classical, folk and pop music), 3(prima pop and folk Radyo classical, offices. The Feza Group has Cihan News News Cihan has Group Feza The offices. TRT also has six regional and one one and six regional has also TRT Europe. Finally, there are 14 weeklies with an approxi an with Finally, weeklies 14 are there per day. Cihan also provides news and services services and news day. provides per also Cihan stories video 85 and stories photo 180 photos, Radyo 4 German), in English, Radyo and news French music, broadcasts pop western and polyphonic jazz, also music and classical Western rily have the highest circulation. The circulation of of circulation The circulation. have highest the nal level). TRT’s first international radio radio international TRT’s level). nal first mate circulation of 110,000 copies combined. combined. copies 110,000 of circulation mate Turkish in the to news national population and,sinceJuly languages in 32 broadcasts local radio stations. stations. radio local is the oldest among them and continues to be be to continues and them among oldest is the the primary news source for the press. It has 41 It has press. for the source news primary the the dailies. dailies. the of that with compared low is quite weeklies the folk music on both the national and internatio and national the music both on folk - AA), in operation since 1920, 1920, since in operation -AA), Ajansı Anadolu Barış, 2005, p. 295. 2005, Barış, A ews Cihan Haber Ajansı Haber Cihan Doğan Haber Ajansı Haber Doğan gencies ) which was was ) which is the news news - DHA) is the Türkiye‘nin Sesi Türkiye‘nin 41 Doğan News News Doğan ) - - - Ajansı 42 Turkish, Kurdish and occasionally in English. Turkish, occasionally Kurdish and The internet emerged in Turkey in 1993, first on on in Turkey emerged first internet The in 1993, April 2010, household internet use increased increased use internet household 2010, April 2.3. O Source: Turkish Statistical Institute’s Survey on Household Use of Information Technologies, (2010). Technologies, Information of Use Household on Survey Institute’s Statistical Turkish Source: Istanbul, it has five other offices in Turkey and offices other five has it Istanbul, ( Agency News Dicle abroad. ( university campuses and soon thereafter in thereafter soon and campuses university one in Iraqi Kurdistan. DIHA offers news in news DIHA offers Kurdistan. in Iraqi one offices, businesses and homes. According to to According homes. and businesses offices, Holding. It has 145 offices in Turkey and offices 145 ItHolding. has between the ages of 16-74 amount to 53.4% of of 53.4% to 16-74 of amount ages the between in English and Arabic. in and English women have a rate of use of 33.2%. The The 33.2%. of use of havewomen arate the total population of internet users while while users internet of population total the in Institute’s survey Turkishthe Statistical from 30 to 41.6% within one year. one within 41.6% to Men 30 from İhlas Haber Ajansı Haber İhlas 40 Household InternetUse 20 50 30 10 0 Ibid. Household withinternetaccess - DİHA) was founded in 2002. Based in Based in 2002. founded - DİHA) was M nline 19.7% 25.4% - İHA) is owned by İhlas İhlas by - İHA) is owned 30.0% edia 42 İhlas News Agency Agency News İhlas 41.6% Dicle Haber Haber Dicle 2007 33.4% Computer useamong people aged16-74 2008 38.0% 40.1% 43 Turkey’s television and radio broadcasters’ broadcasters’ Turkey’s radio and television university campuses. campuses. university in in Turkey emerged internet in used 1993The first and and people’s increased awareness about the the about awareness people’s increased and sending e-mails and shopping. and e-mails sending played a massive role in the proliferation of the the of proliferation in the role amassive played parties’ and politicians’ accessibility via e-mail, e-mail, via accessibility politicians’ and parties’ increasing use of online services, the prolifera the services, online of use increasing in Turkey.internet internet reveals the speed and breadth of of breadth and speed the reveals internet internet is mostly used for the purpose of of purpose for the used is mostly internet tion of online daily newspapers, political political newspapers, daily online of tion Hanehalkı Bilişim Bilişim Hanehalkı Institute, Statistical Turkish 2009 18 August 2010, 2010, August 18 Araştırması, Kullanım Teknolojileri available at: http://www.socialmediatr.com/ at: available (last visited on 12 October 2010). 2010). October 12 on visited (last teknolojileri-kullanim-arastirmasi-sonuclandi teknolojileri-kullanim-arastirmasi-sonuclandi blog/tuikin-2010-yili-hanehalki-bilisim- 43.2% 2010 30.1% Internet useamong people aged16-74 35.9% 38.1% 43 Internet cafes cafes Internet 41.6% -

33 34 began publication as a daily in adaily as publication began Apoyevmatini The use of social networking sites is limited is limited sites networking social of use The significantly differs use internet of rate The Turkish, It has in Ladino. page one only leaving Today it publishes 580 copies per week, 550 of of 550 week, per Today copies 580 publishes it There are few, yet quite well-established, few, are There well-established, quite yet 1925 and has subsequently become aweekly. become subsequently has and 1925 2.4. M 2.4. Istanbul. Its editor-in-chief is Mihail Vasiliadis. Vasiliadis. is Mihail editor-in-chief Its Istanbul. Greek Orthodox community in Istanbul. in Istanbul. community Orthodox Greek among the youth. Facebook, twitter and and twitter Facebook, youth. the among mobile of use young. the The among ally a circulation of nearly 3,500 and has 500 500 has and 3,500 nearly of a circulation address the the address Apoyevmatini weekly the and subscribers abroad. It has a large staff with 40 40 with staff alarge It has abroad. subscribers use for entertainment purposes (game, (game, purposes for entertainment use began publication in 1977. The Jewish Jewish in 1977. The publication began Iho due to the lack of the requisite technological technological requisite the of lack the to due In general, central-east. the towards declines educational purposes is lower compared to its its to compared is lower purposes educational columnists and 15 staff members. The Armeni The members. staff 15 and columnists very high in the central-west parts of Turkey, of parts it central-west in the high very Ladino could no longer be understood by the the by understood longer no be could Ladino M Kurdish communities in Turkey.Kurdish communities Iho daily The networking sites. sites. networking social common most the are blogs personal particularly again, internet, for the than higher is sites networking social to for access phones sites). networking social and pornographic new generation of Jews, the paper switched to to switched paper the Jews, of generation new When 1980s. the until in Ladino published minority newspapers run by non-Muslim and and non-Muslim by run newspapers minority limited and highly expensive for most people. people. for most expensive highly and limited infrastructure, yet it is quite popular, is quite it yet especi infrastructure, very is still usage phone cell and internet in Turkey. development internet However, was established in 1947. It was established was Şalom weekly which are delivered to Greek families in families Greek to delivered are which the use of the internet for news, research and and research for news, internet the of use the from region to region. While internet use is use internet While region. to region from edia A and inority lternative - - is the only example of a minority paper paper aminority of example only is the Agos began with a circulation of 2,000. By the By the 2,000. of acirculation with began Agos intends to to intends Turkish Aras Armenian. and and Agos and Lraper Marmara, Aras Publishing is the only Armenian publis Publishing Armenian only is the Aras Armenian, Greek-Orthodox, Turkish, Kurdish, Greek-Orthodox, Armenian, June 2010 was Etyen Mahçupyan, a reputable areputable Mahçupyan, Etyen was June 2010 Originally established with the goal of of goal the with established Originally Sunni and Alevi staff members and columnists. columnists. and members staff Alevi Sunni and a group of Istanbul Armenians. It has now now It has Armenians. Istanbul of a group and Turkishand in Turkey, communities is it of bulletin news is the Lraper world. the around Turkish the to diaspora abroad Armenian sent are subscriptions the of Half 1,500. around approximately 6,000. Dink’s successor until until Dink’s successor 6,000. approximately as well as groups political dissident among is popular paper The sections. new adding Jamanak, four newspapers: has minority an since the 1990s. 1990s. the since established itself as one of the few publishing few the of one as itself established contains a section in Turkish. is circulation asection Its contains is Marmara 1908; since in publication oldest, of protest against Dink’s murder. against It has protest of Koptaş, who had been a columnist at the paper paper the at acolumnist been had who Koptaş, houses producing works in two languages, languages, in two works producing houses inhing Turkey. house by in 1993 founded It was public intellectual. He was succeeded by Rober Rober by succeeded was He intellectual. public nation of Editor in Chief Hrant Dink in Dink 2007, Hrant in Chief Editor of nation in Turkish predominantly a only published with Armenian the between barriers the breaking Turkish in Armenian, published English. and its pages in Turkish, pages its columnists new employing the broader public by increasing the number of of number the increasing by public broader the to out reach to efforts its increased paper the society. of segments broader reaches that in Istanbul, Patriarchate Armenian the Marmara of Friday edition the aweek, times six Published in 1940. begun oldest, second the time of Hrant Dink’s death it had grown to to grown had it Dink’s death Hrant of time aform as paper the support to want who those from outside the Armenian community and and community Armenian the outside from assassi the Following in Armenian. pages few is the is the . Jamanak - - is the only daily published in published daily only is the Welat Azadiya in 1996. It has been publishing been It has in 1996. Welat Azadiya The paper’s daring and harsh reporting against against reporting harsh and daring paper’s The Apart from the minority media, there are a few afew are there media, minority the from Apart generations. for future Armenians Istanbul in 1992. Subsequently closed down by by down closed Subsequently in 1992. Istanbul Taraf Kitapevi Alkım by is owned Taraf Taraf as any other power structure. The most most The structure. power other any as a circulation between 4,000 and 10,000. 10,000. and 4,000 between a circulation atheist intellectuals, many with leftist and and leftist with many intellectuals, atheist for writing columnists The brutality. police and state, military, the media big business as well well as big business media the military, state, since that time, albeit with interruptions due due interruptions with albeit time, that since sympathetic to AK Party circles, it has also also has it circles, Party AK to sympathetic democrat backgrounds, as well as religious religious as well as backgrounds, democrat emphasize objectivity and impartiality in news in news impartiality and objectivity emphasize are that organs media alternative of examples on the Kurdish question, freedom of the press press the of freedom Kurdish the question, on harshly, government the particularly criticised is newspaper the While forces. armed the of outlets. Although praised in Islamist circles, circles, in Islamist praised Although outlets. multimedia the of apart is not which chain Diyarbakır and in 2006 became adaily. The became in 2006 and Diyarbakır the lifted that law a1991 Kurdish. Following preserve the cultural legacy of Turkey’s of legacy cultural the preserve notable alternative media organs are the daily daily the are organs media alternative notable reporting as well as independence from the the from independence as well as reporting that and group media alarge by owned not has and country the across is distributed paper to Istanbul from headquarters its moved Kurdish the of writing and speaking the on ban press meetings organised at the headquarters headquarters the at organised meetings press pro-AK Party, nor pro-Islam, but anti-military. anti-military. but pro-Islam, nor Party, pro-AK was launched in launched was Welat weekly the language, individuals from the Islamic community. Islamic the from individuals to court-imposed bans. In 2003, the paper paper the In 2003, bans. court-imposed to to name its changed weekly the courts, the the paper are a broad coalition of secular and and secular of coalition abroad are paper the tion of the paper’s accreditation for entry into into for entry accreditation paper’s the of tion cancella staff’s of chief the to led military the Açık Radyo Açık and Bianet online , the ’s stance can be described as neither neither as described be can ’s stance , a bookshop , abookshop . - went on air in 1995 and is an is an and in 1995 air on went Radyo Açık 44 Although its circulation is relatively low low is relatively circulation its Although government. similar to the model of national public broad public national of model the to similar support of the European Union’s European for the Initiative of support Party AK the against leaders military senior collected through biannual drives broadcasted broadcasted drives biannual through collected programming Its States. United in the casters exceptionally independent channel outside of of outside channel independent exceptionally ever since it was launched in 2007 through through in 2007 launched was it since ever the circulation, mainstream the to compared ethical codes of the profession. the of codes ethical women’sand covers children’s and rights Democracy and Human Rights. The purpose of of purpose The Rights. Human and Democracy multi-cultural and liberal stance. stance. liberal and multi-cultural in Turkey movement a has and mentalist monitors the coverage of human rights rights human of coverage the monitors BIA journalism. independent and freedom media in Turkey covering and network for monitoring Bianet by attempts coup failed of aseries revealed seemingly documents publishing confidential Turkey’s agenda dominated has political paper monitors the media’s compliance with the the media’s the with monitors compliance is a defender of the environ the of is adefender Radyo Açık live. leaked by military personnel. These leaks leaks These personnel. military by leaked it relies on the donations of its listeners listeners its of donations the on relies it and participation citizen/audience on is based issues in the mainstream media, extensively extensively media, mainstream in the issues where all shareholders have equal shares, have shares, equal shareholders all where was initiated as a project in 2003 with the the with in 2003 aproject as initiated was the media establishment. It is a collective It is acollective establishment. media the the project was to establish a countrywide acountrywide establish to was project the Barış, 2005, p. 299. 2005, Barış, , or BIA , or , is an online news portal which which portal news online , is an 44 - -

35 36 Third Section

The Media Regulatory The globalisation of the 1990s, the banking banking the 1990s, the of globalisation The The multiplicity of the media policy and and policy media the of multiplicity The 3.1. A R and 1999, when Turkey was officially declared a declared Turkey when officially 1999, was Framework in Turkey goals have created tensions and contradictions contradictions and tensions have created goals The media. the over control government’s attempts to achieve these mutually exclusive exclusive mutually these achieve to attempts of administrative bodies as new key players in key players new as bodies administrative of Turkish the exposed other. globalization While EU accession the and 2000-2001 of crisis candidate for EU accession, sought to harmo to sought for EU accession, candidate create confusion over their competences and and competences their over confusion create years. European standards without compromising without standards European multiplicity of the media policy and regulatory regulatory and policy media the of multiplicity the as well as governing media the regulations ownership and structural the of redesign emergence the and in over-regulation resulted companies media owned also which banks of bankruptcy the investment, foreign to media arestruc about brought 2000s in the process policies, which have been a characteristic acharacteristic have which been policies, with framework legal national the nise mandates. There are three principal types of of types principal three are There mandates. in Turkey institutions may times at regulatory institutions. Successive governments since since governments Successive institutions. the on freedom and pluralism independence, in the design and implementation of media media of implementation and design in the the sector. These developments resulted in the in the resulted developments sector. These the media enhance to reforms of adoption the and hand one the on sector media the turing of the official state ideology and losing the losing the and ideology state official the feature of Turkey’s reform process in recent Turkey’s of feature in recent process reform M of ctors egulation edia P olicy - - The Information and Communication Techno Communication and Information The At the executive level, the Ministry of Trans of Ministry the level, executive At the government’s over control the media. losing and ideology the state without compromising the official standards the framework national with legal European sought harmonise for EU to accession, acandidate declared governments sinceSuccessive 1999, when officially Turkey was Supreme Council ( Council Supreme approval of the government’s communication communication government’s the of approval actors that develop policies for the media and and media for the policies develop that actors structural regulation. structural first the of powers and mandates the section, organizati media professional self-regulatory (self) regulate the sector: executive bodies, bodies, executive sector: the regulate (self) officials, is tasked with the oversight and and oversight the with is tasked officials, BTK) is an independent agency agency independent is an BTK) Kurumu- Kurulu- in this outlined briefly are three all While ons. competence over the Radio and Television and Radio the over competence has also which television, and radio of HYK, a body made up of civilian and military military and civilian up of made abody HYK, press, the over mandate has Ministry Prime policies. policies. and government; the liaising with of purposes mobile communication. BTK’s equivalent in the inBTK’s the communication. mobile equivalent and internet the for regulating responsible portation is responsible for regulating the the for regulating is responsible portation logies Authority ( Authority logies including the accreditation of the press for the for the press the of accreditation the including independent regulatory agencies, and and agencies, regulatory independent internet; there is a ministry of state in charge in charge state of is aministry there internet; two are discussed in the next section on on section next in the discussed are two RTÜK); BYEGM under the Office of the the of Office the BYEGM under RTÜK); Bilgi Teknolojileri ve İletişim İletişim ve Teknolojileri Bilgi Radyo Televizyon Üst Üst Televizyon Radyo - - -

39 40 Journalists Association of Turkey of repre Association Journalists The Turkish ( Council Press monitor that bodies independent few are There The primary journalist associations in Turkey associations journalist primary The Association ( Association ciler ve Yazarlar Vakfı Yazarlar ve ciler and televisions. televisions. and radio private regulating of in charge agency are: The Journalists Association of Turkey of Association Journalists The are: Federasyonu sents the central and statist tendencies of the the of tendencies statist and central the sents Gazeteciler Sendikası Gazeteciler ( ( ( Union of Journalists in Turkey ( Journalists of Union Konseyi editions, some of which are criticised by human human by criticised are which of some editions, exempt However, journalism. of newspapers rules ethical the with paper their of compliance the monitor to and critiques and concerns readers’ to respond to editors or columnists state from autonomy whose body contentious is a conduct, of codes and rules ethical professional with compliance ensuring its Parliamentary Reporters ( Reporters Parliamentary Economy Reporters ( Reporters Economy ( Media Foundation of Journalists and Writers ( Writers and Journalists of Foundation Turkey of Federation ( Derneği hed with the initiative of a group of journalists journalists of agroup of initiative the with hed particularly against women and minorities. minorities. and women against particularly content, discriminatory for their groups rights their among ombudsmen selecting have begun broadcasting sector is RTÜK, an independent independent an is RTÜK, sector broadcasting ideology is widely contested by members of of members by contested is widely ideology for and press the of for self-regulation in 1998 leri Derneği leri the profession. In recent years, newspapers newspapers years, In recent profession. the The profession. the within from media the from ombudsmen mandate their website website their mandate ombudsmen from but their prominence is low. prominence their but MEDYA-SEN) Türkiye Gazeteciler Cemiyeti Gazeteciler Türkiye Foto Muhabirleri Derneği Muhabirleri Foto ). There are two journalist unions called unions called journalist two are ). There ), the Association of Photo Reporters Reporters Photo of Association ), the Medya Derneği Medya ) and the Press Council ( Council Press the ) and ), the Progressive Journalists Journalists Progressive ), the Çağdaş Gazeteciler Derneği Gazeteciler Çağdaş -TGS) Union Media and ), the Association of the the of Association ), the Ekonomi Muhabirleri Muhabirleri Ekonomi Türkiye Gazeteciler Gazeteciler Türkiye ), the Association of of Association ), the Basın Konseyi Basın ), the Association of of Association ), the Parlamento Muhabir Parlamento ), the Journalists’ Journalists’ ), the Türkiye Türkiye Basın Basın ), establis Gazete ), the ), the - - - - There are a number of principal laws that that laws principal of anumber are There Turkey. State broadcaster TRT’s monopoly over over TRT’sTurkey. monopoly broadcaster State 3.2.1. Licensing3.2.1. Rules S 3.2. 2954 on public broadcasting (“TRT Law”); Law Law Law”); (“TRT broadcasting public on 2954 As stated earlier, until 1993, there was a was there earlier, 1993, until stated As Communications Law”). Communications and/or re-enacted within the past decade: Law Law decade: past the within and/or re-enacted absence of any legal framework to regulate the the regulate to framework legal any of absence The government. Party AK the of supportive situation, the constitutional ban on private private on ban constitutional the situation, development of media policy in Turkey. policy media of development electronic communications (“Electronic (“Electronic communications electronic on no. 5809 Law and Law”); (“Internet on or will to contribute meaningfully to the the to meaningfully contribute to will or ability have capacity, the associations these of None group. media Doğan the of construction With the emergence of hundreds of private private of hundreds of emergence the With in broadcasting private on ban constitutional Press Council, on the other hand, is entirely the the hand, is entirely other the on Council, Press are who journalists by founded was Media a has Writers and Journalists of Foundation was Association Journalists Progressive no. 5651 on internet and mobile communicati mobile and internet on no. 5651 no. Law Law”); (“Broadcasting broadcasting television and radio private on no. 6112 Law Law”); (“Press media print the on no. 5187 in Turkey,media revised have which been of all the of content and structure the regulate Association of the the of Association the and identity religious members It has members. media mainstream broadcasting companies within a matter of a of amatter within companies broadcasting broadcasting was abolished in 1993, followed followed in 1993, abolished was broadcasting facto thisde to To basis market. alegal provide in 1990 terminated facto de was broadcasting which broadcasted via satellite from Europe. Europe. from satellite via broadcasted which channel, 1TV STAR the of launch the with the republican newspaper Cumhuriyet newspaper republican the founded by the leftist media members. The The members. media leftist the by founded from the Doğan media group as well as from from as well as group media Doğan the from few years, a chaotic situation emerged in the in the emerged situation achaotic years, few R tructural egulation . The - 48 47 46 45 TRT, which is subject to a separate law,TRT, no. aseparate to is subject which 2954, which applies solely to public public to solely applies which 2954, 2000s, Its main regulatory function was to issue issue to was function regulatory main Its Supreme Council”.Supreme and television companies. While RTÜK defines defines RTÜK While companies. television and second ground for criticisms against RTÜK is RTÜK against for criticisms ground second shareholders, managers or partners of radio radio of partners or managers shareholders, (no. 2954). The name of the regulatory body body regulatory (no. the of name The 2954). ce with the law. This will be discussed in detail in detail discussed law. be the will This with ce enforcement powers against private broadcas private against powers enforcement elected by parliament among candidates candidates among parliament by elected Law (no.Law 3984), RTÜK was established in 1994 for regulating for regulating in 1994 established was RTÜK Television and “Radio the to Council” High broadcasting. below in the section on content regulation. content on section in the below matter of contention for a long time. The The time. for along contention of matter broadcasting permits and licences and assign assign and licences and permits broadcasting for monitoring as well as broadcasters private body, members up to the 3 the up to members RTÜK to related Individuals parliament. in represented parties political by nominated in monitoring private broadcasters’ complian broadcasters’ private in monitoring Broadcasting the of adoption the by in 1994 itself as “an autonomous and impartial” public public impartial” and “an autonomous as itself was changed from the “Radio and Television and “Radio the from changed was the punitive power it has been equipped with with equipped been has it power punitive the their compliance with the Broadcasting Law. Broadcasting the with compliance their ters that do not comply with the law. the Since the with comply not do that ters frequencies. Its monitoring function entails entails function monitoring Its frequencies. Website of RTÜK, available at: http://www.rtuk. at: available RTÜK, of Website p. 295. 2005, Barış, Law Broadcasting the under governed was TRT Law no. 3984 was replaced by law no. 6112 in in 6112 no. law by replaced was 3984 no. Law org.tr/sayfalar/IcerikGoster.aspx?icerik_ until the 2000s. 2000s. the until visited on 08 October 2010). 2010). October 08 on visited February 2011. See below for more on the new new the on more for below See 2011. February Broadcasting Law. Law. Broadcasting (last (last id=80775e05-caec-4a48-bac5-39fd6375da3b 48 46 its political composition has been a been has composition political its RTÜK’s mandate does not extend to to extend not does RTÜK’s mandate 47 45 The nine members of RTÜK are are RTÜK of nine members The which replaced the 1983 law law 1983 the replaced which rd degree cannot be be cannot degree - - 49 Though established primarily as a regulatory aregulatory as primarily established Though television stations became the only means of entry into the field. into the field. of entry the only means television became stations of one of the existing radioand/or purchase The additional firm. any to frequencies not allocate but could national broadcasting, for licenses given whichtemporary hadbeen 23 broadcasters the to In 1994, licenses permanent the government issued Security Council, opposition by broadcasting broadcasting by opposition Council, Security giants” and the National Security Council’s Security National the and giants” media the by retaliation of “fear government’s agency’s repeated attempts in the mid-1990s mid-1990s in the attempts repeated agency’s a national security clearance document which which document clearance security a national and the pressure of the media media the of pressure the and amendment of the Broadcasting Law in 2002, in 2002, Law Broadcasting the of amendment 50 51 companies, court orders and political battles battles political and orders court companies, allocations frequency complete to onwards of religious TV channels.” TV religious of conglomerates.” due mainly unsuccessful been “has endeavour enactment of the Broadcasting Law, provisio Broadcasting the of enactment RTÜK and frequency planning was included included was planning frequency and RTÜK of partners made were Telekom Türk and HYK RTÜK has not been able to perform this perform to able been not has RTÜK nal licenses were issued to broadcasters. The The broadcasters. to issued were licenses nal body to assign broadcasting frequencies, frequencies, broadcasting assign to body in parliament. intervention “to oblige broadcasters to acquire acquire to oblige broadcasters “to intervention would supposedly prevent the establishment establishment the prevent supposedly would mandate. However, Telekom’s mandate. this Türk within telecommunications services and in order to to in order and services telecommunications to discordance among these regulatory bodies bodies regulatory these among discordance to the government issued permanent licenses to to licenses permanent issued government the failed due to the interference of the National National the of interference the to due failed frequency auctions was halted due to the the to due halted was auctions frequency facilitate the allocation of frequencies, in 2002, in 2002, frequencies, of allocation the facilitate function as of today. of as Initially, the function following Ibid. p. 2010, Sümer, see discussion, adetailed For Ibid 113-115 and 118-125. and 113-115 ., p. 296. , p. 295-296. 49 As part of the restructuring of of restructuring the of part As 50 The commencement of of commencement The 51 Following the the Following -

41 42 Tasked with monitoring compliance with the the with Tasked compliance monitoring with The new Broadcasting Law, and no. 6112 Broadcasting new The 1994, but could not allocate frequencies to any any to frequencies allocate not could but 1994, and providing support for domestic companies companies for domestic support providing and be will which frequencies, of allocation adopted in February 2011, seeks to address this address to seeks 2011, in February adopted field. the into entry of ans of entry the precluded has This firm. additional services in the market; and defining and and defining and market; in the services 52 on planning the telecommunications sector; sector; telecommunications the planning on tasked is also BTK no. 5809, in Law outlined assigning with is tasked RTÜK Whereas force. into entry law’s the after years two within completed obscenity and child abuse; and take measures measures take and abuse; child and obscenity and goods of provision in the competition decades-old deadlock. decades-old Broadcasting Law, BTK has the power to notify notify to power the Law, has BTK Broadcasting relevant bodies on non-compliance and and non-compliance on bodies relevant sector. telecommunications in the used be to equipment and systems of manufacturing competences its with In accordance planning. in the broadcasters existing the prioritizes porary licenses for national broadcasting in broadcasting for national licenses porary radio and/or television stations as the only me only the as stations and/or television radio market, broadcasting in the players new leaving the purchase of one of the existing existing the of one of purchase the leaving impose sanctions where required; ban access access required; ban where sanctions impose for the standards performance implementing ensuring free technology; of production in the with advising the Ministry of Transportation Transportation of Ministry the advising with task of frequency allocation back to RTÜK and and RTÜK to back allocation frequency of task inter alia inter grounds, on internet the to the 23 broadcasters which had been given tem given been had which broadcasters 23 the following the new developments in technology in technology developments new the following frequency undertakes BTK frequencies, Law on the Establishment and Broadcasting Broadcasting and Establishment the on Law Televizyonların Kuruluş ve Yayın Hizmetleri Yayın ve Hizmetleri Kuruluş Televizyonların Official Gazette no. 27863, 3 March 2011. 3March 27863, no. Gazette Official ( Televisions and Radio of Services Hakkında Kanun Hakkında ), no. 6112, 15 February 2011, 2011, February 15 6112, no. ), 52 The law assigned the the assigned law The Radyo ve ve Radyo , of , of - - Telecommunications Law (Law no. 406), which which no. 406), Telecommunications (Law Law The Telecommunication Authority ( TelecommunicationThe Authority 2012. Yet, the EU has found the primary law law Yet, primary found the 2012. EU has the 1995 of postal and telecommunications telecommunications and postal of 1995 Intelligence Agency. It meets biannually to to biannually Agency. ItIntelligence meets Telekom Commission noted that BTK’s authorisation BTK’s that noted authorisation Commission Council and the undersecretary of the National National the of undersecretary the and Council general secretary of the National Security Security National the of secretary general and implementing regulations governing the regulations implementing and for 2010- plan astrategic introduced agency appointed by him, the HYK is made up of the the up of is made him, by HYK the appointed activity in Turkey the under is regulated activity standards laid out in its acquis in its out laid standards spectrum management, access and intercon and access management, spectrum services hitherto provided by the PTT and and PTT the by provided hitherto services 53 54 of way, and tariffs. Towards end, way, the that of tariffs. and cations services. All telecommunications telecommunications All services. cations telecommuni providing of in charge operator Progress Report on Turkey, on Report Progress European the Presided by the prime minister or a minister a minister or minister prime the by Presided nection, numbering, number portability, rights rights portability, number numbering, nection, procedures “confer a margin of discretion on on discretion “confer of amargin procedures ministers of interior and transportation, a high ahigh transportation, and interior of ministers review and approve communications policies. policies. communications approve and review privatised in 2005, is Turkey’s in 2005, telecom privatised level representative from the chief of staff, the the staff, of chief the from representative level independence of the regulatory authority. regulatory the of independence work for failing to ensure transparency and the the and ensure transparency to for failing work with aligning Turkey’s legal framework with with Turkey’s aligning with framework legal telecommunications sector to fall short of the the of short fall to sector telecommunications tability” and criticized Turkey’s criticized and frame legal tability” unpredic legal to lead could that regulator the that of the EU regarding authorisation, authorisation, EU regarding the of that for consumer protection. for consumer – BTK). – BTK). Information and Communication Technologies Technologies Communication and Information Turkey 2010 Progress Progress 2010 Turkey Commission, European Authority ( Authority Report key-documents/reports_nov_2008_en.htm http://ec.europa.eu/enlargement/press_corner/ ), established after the separation in separation the after ), established , 9 November 2010, p. 56, available at: at: available p. 56, 2010, , 9November Kurumu İletişim ve Teknolojileri Bilgi 53 BTK is also tasked tasked is also BTK . In its 2010 2010 . In its Türk Türk . 54 -

- - - Turkey’s structural regulatory framework is framework regulatory Turkey’s structural The financial crisis of 2000-1 and the bank the and 2000-1 of crisis financial The to to Telekom Türk from transferred been has TV Audiovisual Media Services Directive. Among Among Directive. Services Media Audiovisual 55% of its shares to Oger Telecoms Joint Oger to shares its of 55% was finalised in 2005 with the sale of of sale the with in 2005 finalised was Telekom Türksat Uydu Haberleşme Kablo TV Kablo Haberleşme Uydu Türksat Venture Group. Although the market was thus thus was market Venture the Group. Although EU’s the with acquis aligned being from far still sector. BDDK, TMSF and Competition Agency Agency Competition and TMSF sector. BDDK, services and the services provided over cable cable over provided services the and services 56 55 57 ( under the anti-competition law. anti-competition the under on audiovisual policy, in particular the the policy, in particular audiovisual on opened for competition through the privatiza the through for competition opened established in 2004. established resulted in the emergence of a new regulatory regulatory anew of emergence in the resulted had which big banks of anumber of ruptcy media, which has increasingly been regulated regulated been increasingly has which media, modernise the provision of services and and services of provision the modernise market. of provision service over monopoly anear has Telekom currently, In Türk fact, remain. players investments in print and broadcasting media media broadcasting and in print investments improve the infrastructure. In 2004 and 2005, 2005, and In 2004 infrastructure. the improve was amended in 2000 and 2001 in order to to in order 2001 and in 2000 amended was the outstanding issues are the following: very following: very the are issues outstanding the the power to provide satellite communication communication satellite provide to power the the internet, controlling more than 95% of the the of 95% than more controlling internet, the of tion framework and regulatory agencies in the in the agencies regulatory and framework Rekabet Kurulu Rekabet Turkey 2008 Progress Progress 2008 Turkey Commission, European The amendments were made pursuant to Law no. no. Law to pursuant made were amendments The C. Sözeri, “Türkiye’de Medya Sektöründe Sektöründe Medya “Türkiye’de Sözeri, C. 2005 Official Gazette no. 25798, 27 April 2005, 2005, April 27 25798, no. Gazette Official 2005 ec.europa.eu/enlargement/press_corner/ About-TT/Company-Profile/Legal/. 5189 of 16 June 2004 and Law no. 5335 of 21 April April 21 of 5335 no. Law and 2004 June 16 of 5189 visited on 1 December 2010), p. 50. 2010), 1December on visited Uluslararası Şirket Birleşmeleri,” unpublished unpublished Birleşmeleri,” Şirket Uluslararası Report Ph.D. thesis, Marmara University (2009), p. 131. (2009), University Marmara thesis, Ph.D. (last (last key-documents/reports_nov_2008_en.htm http://www.turktelekom.com.tr/tt/portal/ Türk Telekom Türk 56 , 05 November 2008, available at: http:// at: available 2008, November , 05

) emerged as big players in the in the big players as ) emerged , obstacles for entry of new new of for entry , obstacles 55 Türk Türk of privatisation The 57

, which was was , which - - “television” with “media service providers” and and providers” “media with service “television” The law replaced the terms “radio” and and “radio” terms the replaced law The as the the as Telekom Türk of monopoly near the and undertake to RTÜK of failure the agencies; the costs; administrative to related not are service provider for the internet. In 2009 alone, alone, In 2009 internet. for the provider service 58 59 down by RTÜK on the grounds of operating operating of grounds the on RTÜK by down digital broadcasting, a process which had been been had which aprocess broadcasting, digital category. Critics category. years before. years EU’s Directive on Audiovisual Media Services, Services, Media Audiovisual on EU’s Directive of purpose the with partially 2011 February had applied to receive broadcasting licences licences broadcasting receive to applied had more than a dozen TV channels were shut were channels adozen TV than more issuing licences; and frequencies reallocating that services communication on taxation high broadcaster TRT and private broadcasters. private and TRT broadcaster public the between rifts internal to due halted incompatibility law’s national the remedying lack of adequate public funding for these two two funding for these public adequate of lack and TRT and RTÜK of independence of lack introduced “services upon demand” as a new anew as demand” upon “services introduced without licences, notwithstanding that they they that notwithstanding licences, without with the EU law. Prepared on the basis of the the of basis the on EU law. the Prepared with 60 61 ting and paves the way for the switchover to to switchover way for the the paves ting and broadcas of concept anew introduces law the the law’s mandate to b to mandate law’s the Turkey 2009 Progress Progress 2009 Turkey Commission, European For an example of such critiques, see the the see critiques, such of example an For p. 144. 2010, Sümer, Specifically, the term ‘media service providers’ providers’ service ‘media term the Specifically, ec.europa.eu/enlargement/press_corner/ other media such as the internet. Critiques argue argue Critiques internet. the as such media other goes beyond radio and television broadcasting, broadcasting, television and radio beyond goes assessment report by the Association of of Association the by report assessment Communication Research ( Research Communication visited on 1 December 2010), p. 52. 2010), 1December on visited visited on 29 March 2011). March 29 on visited which is what the law regulates, and connotes connotes and regulates, law the what is which Report (last (last key-documents/reports_oct_2009_en.htm tasarisi-taslagi-degerlendirme-raporu.html (last (last tasarisi-taslagi-degerlendirme-raporu.html İLAD Derneği- that the appropriate term should be ‘audio-visual ‘audio-visual be should term appropriate the that broadcasting.’ broadcasting.’ iletisimarastirma.org/haberler/71-rtuk-kanun- , 14 October 2009, available at: http:// at: available 2009, October , 14 58 Law no. 6112 was enacted in enacted was no. 6112 Law ), available at: http://www. at: available ), 60 find these new concepts and and concepts new these find e ambiguous. İletişim Araştırmaları Araştırmaları İletişim 61

43 44 “the emergence of media tycoons in the Turkish in the tycoons media of emergence “the Today, in Turkey groups media not largest the 3.2.2. Ownership Regulations 3.2.2. And yet, these restrictions failed to preclude preclude to failed restrictions these yet, And In June 2001, parliament introduced significant significant introduced parliament In June 2001, audience as the new criterion for measuring for measuring criterion new the as audience adoption of the Broadcasting Law in 1994 was was in 1994 Law Broadcasting the of adoption abused the loopholes in the monitoring of the the of monitoring in the loopholes the abused and local governments from owning media or or owning media from governments local and amendments to the Broadcasting Law with the the with Law Broadcasting the to amendments share or more in a broadcasting company were were company in abroadcasting more or share cooperatives foundations, associations, sional stated goal of introducing transparency to the the to transparency introducing of goal stated inter alia inter barred, 29 Article ownership. ownership.” efficient no be to seems “there and economy have sector, media also but the only dominate exceed 50% in a broadcasting company whose whose company in abroadcasting 50% exceed a of share Accordingly,ownership. capital the While the primary legislative motive in the in the motive legislative primary the While ownership of the media. the of ownership political parties, associations, unions, profes associations, parties, political real or legal entity or a capital group would not not would group acapital or entity legal or real rather than to regulate media ownership, media regulate to than rather media sector since the media proprietors proprietors media the since sector media precluded from entering into public tenders. tenders. public into entering from precluded a10% had who Individuals enterprise. media one than having in more from ashare barred was ownership foreign and ownership media Cross- enterprises. media with partnering law did include a provision restricting media media restricting aprovision didinclude law law and kept ‘veiling’ their actual shares.” actual their ‘veiling’ kept and law limited to 20%, and each foreign investor was was investor foreign each and 20%, to limited investments in many other sectors of the the of sectors other in many investments introduced the annual average ratio of of ratio average annual the introduced way to control the concentration of media media of concentration the control way to 65 64 63 62 to rapidly complete the frequency allocations allocations frequency the complete rapidly to Law no. 4676 of 7 June 2001. 7June of 4676 no. Law p. 194. 2005, Papathanassopoulos, Ibid p. 130. 2010, Sümer, , p. 131. 64

65 The amendments amendments The , 62 63 the the

- The amendments were criticized by the the by criticized were amendments The 25% through a late night amendment to the the to amendment night alate through 25% Although provisions of the law concerning the the concerning law the of provisions Although 70 Council in nominating members to the agency. the to in members nominating Council group. annual average ratio of viewing or listening listening or viewing of ratio average annual and investing in the stock market. This was the the was This market. stock in the investing and aspect of the amendments was the planned planned the was amendments the of aspect appointments of RTÜK’s members and the cap cap the and RTÜK’s of members appointments unrealistic since none of the private broadcas private the of sincenone unrealistic opponents of cross-monopolization, who who cross-monopolization, of opponents parliament of role the whereby RTÜK, of on diminish monopolization in the media. in the diminish monopolization enterprises would be increased from 20% to to 20% from increased be would enterprises conglomerates, in particular the Doğan media media Doğan the in particular conglomerates, media by lobbying intense of years of outcome on shares owned by broadcasting corporations corporations broadcasting by owned shares on changes. casting companies. casting pointed out that the 20% audience ratio was was ratio audience 20% the that out pointed more than 10% shares in any private broadcas private in any shares 10% than more re-adopted the law without making any any making without law the re-adopted law would substantially change the compositi change the substantially would law law before the Constitutional Court. In June Court. Constitutional the before law law as a result of intense lobbying by broad by lobbying intense of aresult as law lifting of the ban on shareholders who owned owned who shareholders on ban the of lifting institutions such as the National Security Security National the as such institutions would be reduced in favour of bureaucratic inbureaucratic favour of reduced be would was above 20%. The cap on shares of foreign foreign of shares on cap The 20%. above was 66 were vetoed by the president, the parliament parliament the president, the by vetoed were 68 67 69 ters could reach that target. that reach could ters ting company from entering into public tenders tenders public into entering from ting company that the law would facilitate rather than than rather facilitate would law the that However, interestingly, the executing regulation regulation executing the interestingly, However, The president pointed out in his veto that the the that veto his in out pointed president The p. 2010, Sümer, see coverage, extensive For Law no. 4756 of 14 May 2002. May 14 of 4756 no. Law p. 133. 2009, Sözeri, 110-129. continues to impose a 20% cap on foreign foreign on cap a20% impose to continues has not been harmonized with the new law and and law new the with harmonized been not has highest audience rate in Turkey was 14-16%. Turkey in was rate audience highest investment. 67 Finally, the proposed changes to the the to changes Finally, proposed the 70 The president this time brought the the brought thistime president The 66 The most controversial controversial most The 68 They argued argued They 69

- - - - Turkey lacks a unified and coherent content content coherent and Turkey aunified lacks Turkish media sector. Law no. 6112 increased Turkish increased no. 6112 sector. Law media 3.3. C 2002, the Constitutional Court issued a stay of of astay issued Court Constitutional the 2002, 20% to 25%. to 20% 20% to 25%, and limits to four the number of of number four the to limits and 25%, to 20% same the that condition the on 50%, to 25% In recent years, the debate on media owners media on debate the years, In recent September 2004. Thus, limitations on media media on limitations Thus, 2004. September gone through a process of deliberation and and deliberation of aprocess gone through adoption of the law in order to commence commence to in order law the of adoption international the from evident already execution of the provisions vetoed by the the by vetoed provisions the of execution ownership outlined in the original Broadcas original in the outlined ownership ons has been exacerbated in the EU accession EU accession in the exacerbated been has ons consultation with civil society and the media. media. the and society civil with consultation cooperatives and local governments to own own to governments local and cooperatives unions, associations, parties, political on ban the preserves law of. The apartner be can companies which have been awaiting the the awaiting have which been companies in the investment foreign on concentrated Each package law carries identical titles which which titles identical carries law package Each president and suspended them altogether in altogether them suspended and president bidding in public tenders was lifted and the the and lifted was tenders bidding in public from broadcasters private on prohibition hastily adopted by parliament without having without parliament by adopted hastily “reform packages” multiple through process of overregulation The media. the on regulation broadcasting companies. broadcasting foundations, associations, professional entity legal or real any providers service media law The market. media local the bidding on in Turkey, ownership media on repercussions hip has resurfaced; this time, however, thistime, also it resurfaced; hip has limit on foreign investment was increased from from increased was investment foreign on limit increases the ceiling on media ownership from from ownership media on ceiling the increases ting Law of 1994 remained in force, while the the in force, while remained 1994 of ting Law the sector through multiple laws and regulati and laws multiple through sector the the cap on foreign investment will have great have will great investment foreign on cap the in increase The companies. broadcasting two from investment foreign on limit maximum the foreign investor cannot invest in more than than in more invest cannot investor foreign R ontent egulation - - - 3.3.1. Constitutional The Framework 2001 constitutional amendments removed the the removed amendments constitutional 2001 deliberation and consultation withdeliberation civil consultation the and media. and society withoutparliament having of gone aprocess through multiplethrough “reform by adopted hastily packages” process in the EU accession exacerbated been has regulations multiple through of overregulation laws the sector and The companies. invest incannot broadcasting more two than 25%from 50%, to on the condition that the same foreign investor Law limit on no. theforeign maximum investment 6112 increased on foreign investment in the Turkishconcentrated sector. media ownership the years, on debate media has In recent 71 In recent years, relative progress has been been has progress relative years, In recent give no indication of their content their of indication no give style of law-making has become acharacteris become has law-making of style of thought and in media. But the amendments amendments the But in media. and thought of ons on the media, though Turkey though media, to the on ons continues other areas of social life. life. social of areas other laws, various to amendments multiple contains prohibition in Articles 26 and 28 of minority minority of 28 and 26 in Articles prohibition coup d’état coup military 1980 the of by-product a Constitution, 1982 the by governed be provisi constitutional the in reforming made regulatory framework concerning the media, media, the concerning framework regulatory patchwork sector. This financial the regulating law, press the to code criminal the from ranging left untouched wide restrictions attached to to attached restrictions wide untouched left dissemination and expression in the languages the exercise of these rights on grounds of of grounds on rights these of exercise the tic feature of the reform process in recent years, years, in recent process reform the of feature tic fundamental rights and liberties as well as as well as liberties and rights fundamental complex already the complicating further those to governing environment the laws from Typically, the names of these reform packages packages reform these of names the Typically, are “Laws on the Amendment of Certain Laws.” Certain of Amendment the on “Laws are 71 and and . The . The - -

45 46 authoritarian regimes. authoritarian of that characteristic inare hand with hand severe restrictions independent go and media of free lines. that tenets Rights are the between yet and authoritarian quite on its face liberal Law, Press The anew adopted in 2004, is alegislation that is The law protects freedom of the press and the the and press the of freedom protects law The The Press Law, adopted anew in 2004, is a in 2004, anew Law, Press The adopted regula laws of types principal two are There 3.3.2. The Legislative The Framework3.3.2. 24 hours. The right to privacy protected under under protected privacy to right The hours. 24 Article 20 is also subject to similar restrictions restrictions similar to subject is also 20 Article go hand in hand with severe restrictions that that restrictions severe with ingo hand hand are characteristic of authoritarian regimes. regimes. authoritarian of characteristic are and laws in the penal system which severely severely which system penal in the laws and and non-periodicals. Article 133 guarantees guarantees 133 Article non-periodicals. and seizure by court order and allows, where delay delay where allows, and order court by seizure specific laws that directly regulate the sector, the regulate directly that laws specific quite authoritarian between the lines. Rights Rights lines. the between authoritarian quite Under Article 29, there is no requirement to to requirement is no there 29, Article Under ons by the print media, Article 28 authorises authorises 28 Article media, print the by ons curtail the content of the media. media. the of content the curtail operate radio and television stations, subject subject stations, television and radio operate order, public of security, grounds on national right to information, guarantees journalists’ journalists’ guarantees information, to right poses adanger,poses compe by seizure immediate order, public security, the national and receive a prior permit to publish periodicals periodicals publish to permit aprior receive others. of rights the of protection and health public morality, public crime, of prevention legislation that is liberal on its face and yet yet and face its on is liberal that legislation integrity of the state with its nation and and nation its with state the of integrity Media-specific Laws Media-specific that are tenets of free and independent media media independent and free of tenets are that territory. In case of violation of these restricti these of violation of In case territory. ting media content in Turkey: content ting media media- the tent authorities, pending a court order, acourt pending within authorities, tent to conditions laid out in the Broadcasting Law. Broadcasting in the out laid conditions to and establish to companies private of right the - - - “territorial integrity” and “disclosure of state “disclosure and state of integrity” “territorial 72 One main difference of the new Press Law is Law Press new the of difference main One addition to similar restrictions imposed by the the by imposed restrictions similar to addition authority to notify in order to receive permissi receive to in order notify to authority secrets” to bring cases against journalists who who journalists against cases bring to secrets” untruthful news. At the same time, the law law the time, same At the news. untruthful unidentified. unidentified. disclosure of failed coup attempts by high- by attempts coup failed of disclosure district governors were designated as the the as designated were governors district law, press previous the Under documents. constitution, the law also limits freedom of the the of freedom limits also law the constitution, In restrictions. of catalogue awide contains concepts of “national security,” violation of of “national security,” of violation concepts criminal liability to editors and translators of of translators and editors to liability criminal and politics into interference military’s the of executive to the judicial branch is potentially is potentially branch judicial the to executive the from powers of shift The publish. to on right to protect their news sources, and grants grants and sources, news their protect to right press in the name of “the protection of the the of protection “the of name in the press report news deemed to be against state state against be to deemed news report ranking military officers. Article 11 attributes attributes 11 Article officers. military ranking of name in the forces security by abuses rights restrictive to the freedom of the press since it sinceit press the of freedom the to restrictive granting the and prosecutor the from publish to permission receive to publishing companies judiciary.” individuals’ right of reply to defamatory or or defamatory to reply of right individuals’ independence and impartiality of the the of impartiality and independence interests, such as the disclosure of human human of disclosure the as such interests, written work where the author is abroad or or is abroad author the where work written the fight against Kurdish insurgency, against criticisms fight the to prosecutors the power to seize printed printed seize to power the prosecutors to of owners the on imposed requirement the Article 3 reads: “The press is free. This freedom freedom This free. is press “The 3reads: Article and public safety; to safeguard territorial territorial safeguard to safety; public and and health public as well as others of rights and reputation the protect to society a democratic state secrets; and to ensure the authority and and authority the ensure to and secrets; state public morality, national security, public order order public security, national morality, public of requirements the with accordance in restricted works. The exercise of this freedom may be be may freedom this of exercise The works. impartial functioning of the judiciary.” the of functioning impartial of disclosure the and crime prevent to integrity; create and interpret criticize, to and information, disseminate and acquire to right the includes 72 Prosecutors widely interpret the the interpret widely Prosecutors - “the national and moral values of society, society, of values moral and national “the basis the on “discriminate people humiliate or The Broadcasting Law guarantees individuals’ individuals’ guarantees Law Broadcasting The 73 74 In 2002, amendments made to the law limited limited law the to made amendments In 2002, general morality and the protection of the the of protection the and morality general against their person, or libel, beyond the limits limits the beyond libel, or person, their against against programs containing exploitation and and exploitation containing programs against and discrimination; through hostility and an entire TV or radio broadcasting operator to to operator broadcasting radio or TV entire an sophical opinion, denomination and any such such any and opinion, denomination sophical suspending the relevant program. relevant suspending the comply with the bureaucratic red tape. Courts Courts tape. red bureaucratic the with comply to fail that publishing companies of owners the against cases open to courts enables of their race, colour, religion, race, their of language, which broadcasts prohibits criticism, of considerations”; outlaws incitement to hatred hatred to incitement outlaws considerations”; inter alia of, inter violation RTÜK’s sanctioning powers from suspending from powers RTÜK’s sanctioning basis of a very restrictive interpretation of the the of interpretation restrictive avery of basis privacy and protects them from offences offences from them protects and privacy restrictions introduced in earlier broadcasting broadcasting in earlier introduced restrictions content the of most preserves no. 6112 weak the and disabled the minors, protects philo or disability,political sex, nationality, not abide by these standards. standards. these by abide not laws. The law prohibits broadcasting in broadcasting prohibits law The laws. in Turkey do not refrain from making use of of use in Turkey making from refrain not do independence of the Turkish the of the independence Republic, hand, Law other the On violence. to incitement wide margin of maneuver to RTÜK, which has has which RTÜK, to maneuver of margin wide their powers to seize printed materials on the the on materials printed seize to powers their the reforms and principles of Atatürk”; and and Atatürk”; of principles and reforms the State, the of integrity national and territorial the power to sanction broadcasters which do do which broadcasters sanction to power the freedom of press and speech. speech. and press of freedom family.” Article 8 (the writing mistakes are not made by by made not are mistakes writing 8(the Article Law no. 4756 of 21 May 2002 and Law no. 4771 of 9 of 4771 no. Law and 2002 May 21 of 4756 no. Law August 2002. August the authors). authors). the 73 These amorphous concepts leave a leave concepts amorphous These , “the existence and and existence , “the 74 However, - standards. standards. which do not abide by these power sanction to broadcasters the which has leave awide margin RTÜK, of maneuver to laws. concepts Amorphous broadcasting in earlier introduced Law no. restrictions mostof the content 6112 preserves 75 sovereignty, the republic, public order and pub and order public republic, sovereignty, the national nation, and territory its with state Broadcasting in the out laid those to similar the of license the revoke even or schedule state,” laid out in Article 9 of the law. the 9of in Article out state,” laid disproportionate sanctions against media media against sanctions disproportionate case of a repeated violation within one year, one within violation arepeated of case (no. law 6112) broadcasting new The operators. imposing and clauses limitation law’s the of employees, has to act in accordance with the the with in accordance act to has employees, quite are Law TRT in the outlined casting law, i.e. aseparate by is regulated and RTÜK of company. Law: protecting the indivisible unity of the the of unity indivisible the protecting Law: broadcasting entire may the suspend RTÜK punitive significant maintains still RTÜK Public broadcasting falls outside the mandate mandate the outside falls broadcasting Public programs found to have violated the law. the In have found to violated programs RTÜK, of powers enforcing the preserves using from them refrain not does and powers, mandate of protecting the priorities of the the of priorities the protecting of mandate of interests economic national the and policies security national with complying and reforms; lic interest; consolidating Ataturk’s ideals and and ideals Ataturk’s consolidating interest; lic which is authorized to issue fines and suspend suspend and fines issue to is authorized which through adopting a restrictive interpretation interpretation arestrictive adopting through the state. Moreover, “TRT’s staff, as public public as Moreover, staff, “TRT’s state. the broad public of Law. standards TRT The the Barış, 2005, p. 296. 2005, Barış, 75

- -

47 48 to the internet in the internet to the of name preventing crimes. these access ‘internet crimes’. powerrestrict to have unlimited Courts of withinno. fall the categories Atatürk 5816 on Crimes Against in the 1951 games; Law and regulated betting crimes and sports health; obscenity; to prostitution; gambling; hazardous are or stimulators; provision of drugs of the use that of substances suicide;Encouraging of children; facilitation the sexual abuse ‘internet crimes’: encouraging suicide; the sexual sexual the suicide; crimes’:encouraging ‘internet The Internet Law was prepared by BTK and and BTK by prepared was Law Internet The Against Atatürk. Courts have unlimited power to to havepower unlimited Courts Atatürk. Against 76 77 gambling; sports betting and games; and crimes crimes and games; and betting sports gambling; abuse of children; facilitation of the use of drugs drugs of use the of children; facilitation of abuse of name in the information to access and social includes and broadcasting online and entered into force on 23 May 2007. 23 on force into entered or stimulators; provision of substances that are are that substances of provision stimulators; or of categories eight following the combating expression of freedom restricts law The crimes. internet as well as providers use collective preventing these crimes. these preventing of name in the internet the to access restrict Crimes on no. 5816 Law 1951 in the regulated prostitution; obscenity; health; to hazardous and access space, content, of responsibilities and obligations the out It lays sites. networking press traditional between adistinction making without internet, the on content all regulates Law on the Regulation of Broadcasts on the the on Broadcasts of Regulation the on Law “Upon the decision of judicial authorities, i.e. i.e. authorities, judicial of decision the “Upon Turkey. The Presidency can place a ban on sites sites on aban place can Turkey. Presidency The Yayınlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Edilmesi Mücadele Suçlarla İşlenen Yoluyla Yayınlar originating in Turkey based on a court ruling on on ruling acourt on Turkey in based originating decision the content and domain of the internet internet the of domain and content the decision children and on obscenity.” on and children against site banned the by committed crimes Internet and on the Fight against Crimes Crimes against Fight the on and Internet site to be banned must be located outside of of outside located be must banned be to site Committed through the Internet ( Internet the through Committed Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Bu ve Düzenlenmesi Yayınların Yapılan Ortamında Hakkında Kanun Hakkında However, for our Presidency to release such a such release to Presidency our for However, internet. the to access ban can BTK of Presidency the courts, and prosecutors Republican ), no. 5651, 4 May 2007. 4May 5651, no. ), 77

İnternet İnternet 76 The law law The The new Penal Code (no. in Code Penal new 5237), adopted The The restrictive nature of the Penal Code has has Code Penal the of nature restrictive The 2005, has a number of provisions significantly significantly provisions of anumber has 2005, 2004 law protects citizens’ right to information, information, to right citizens’ protects law 2004 Anti-Terror Law and the Penal Code also Anti-Terror also Code Penal the and Law In addition to the aforementioned laws which which laws aforementioned the to In addition Indirect Content Regulation Content Indirect aggravating factor in the commission of the the of commission in the factor aggravating and criminals (Article 215); incitement to to 215); incitement (Article criminals and 301); (Article forces security and military and ability to express themselves but also for the for the also but themselves express to ability are directly relevant for media regulation, the the regulation, for media relevant directly are sentences by one third to ahalf. to third one by sentences Undoubtedly, closely interrelated with with Undoubtedly, interrelated closely crimes under their mandates, increasing increasing mandates, their under crimes an as media and press the through offences curtailing media freedom. The law criminalises criminalises law The freedom. media curtailing conviction of journalists under Article 318 for 318 Article under journalists of conviction es may decline to disclose the requested requested the disclose to may decline es have days. Citizens 15 within queries citizens’ Both laws perceive the commitment of of commitment the perceive laws Both Human Rights (ECtHR) which found, (ECtHR) which in the Rights Human regulate the media through restricting restricting through media the regulate hatred and animosity (Article 216); incitement incitement 216); (Article animosity and hatred 318); insulting (Article military the from people the 319); alienating (Article law the break group of cases, that the the that cases, of group Ergin and Düzgören of Court European the before challenged been requiring public institutions to respond to to respond to institutions public requiring A public. the to news provide to media’s ability incitement to crime (Article 214); praising crime 214); crime praising (Article crime to incitement information is vital not only for individuals’ for only individuals’ not is vital information information on grounds of “state secrets.” secrets.” “state of grounds on information where this rule is not complied with. Authoriti with. complied is not thisrule where to break the law (Article 217). (Article law the break to government 299), the (Article president the to personnel military of encouragement the the right to information. Access to true true to Access information. to right the the right to apply to administrative courts courts administrative to apply to right the freedom of expression and media freedom. freedom. media and expression of freedom freedom of expression and media freedom is freedom media and expression of freedom - The constitutionality of Article 6(5) was 6(5) was Article of constitutionality The The Anti-TerrorThe in (no. Law amended as 3713), 2006, has similarly restrictive provisions provisions restrictive similarly has 2006, Article 6(5), which allows the suspension of of suspension the 6(5), allows which Article 78 Sezer before the Constitutional Court on the the on Court Constitutional the before Sezer Constitution. In its judgment of 18 June 2009, June 2009, 18 of judgment In its Constitution. grounds that suspension of the future publica future the of suspension that grounds annulment. sentence is increased by half. The article also also article half. by The is increased sentence declarations or leaflets of terrorist organizati terrorist of leaflets or declarations detrimental, by a prosecutor. Article 7(2) aprosecutor. by makes Article detrimental, concerned are also liable to a fine. The most most The afine. to liable also are concerned organs media the of in chief editors and owners the media, the or press the through committed is 6(4), offence such where Article Under ons. 6(2) Article press. the of freedom curtailing chief of the press and media organs concerned. concerned. organs media and press the of chief the media, and press the through committed contested by former President Ahmet Necdet Necdet Ahmet President former by contested on Human Rights. Rights. Human on years of imprisonment. Where such offence is offence such Where imprisonment. of years violate Article 10 of the European Convention Convention European the of 10 Article violate problematic provision of the Anti-Terror the of provision is Law problematic the publish or print to offence an it makes month by court order or, order is delay court by where month days one up 15 to to of for aperiod periodicals rejected the president’s request for request president’s the rejected and constitution the with compatible be the of 28 Article under protected as press refuse to do the mandatory military service to to service military mandatory the do to refuse distributed or statements having published leaflets considered to be an incitement to to incitement an be to considered leaflets imposes liability to the owners and editors in editors and owners the to liability imposes in propaganda disseminate to offence an it the Constitutional Court found Article 6(5) to foundArticle Court Constitutional the the of freedom the upon infringed ruling the to pursuant aperiodical of distribution and tion favour of a terrorist organization, subject to 1-5 1-5 to subject organization, aterrorist favour of Constitutional Court, decision no. 2009/90, 2009/90, no. decision Court, Constitutional 2009. In its judgment, the Court pointed out the the out pointed Court the judgment, its In 2009. public interest in combating terrorism: “…taking “…taking terrorism: combating in interest public November 26 of Gazette Official the in published 78

- - Terror Law with Article 10 of the ECHR was was ECHR the of 10 Terror Article with Law 6(5) Anti- the of Article of compatibility The The issue was raised again before the Strasbo the before again raised was issue The Article 10 of the ECHR. ECHR. the of 10 Article professional activities of journalists and amounted to censorship. to professional activities amounted and of journalists apriori unknown, was on hadthe apreventive content effect publication of entire the future newspapers,banning whose In this 2009 judgment, that of the the practice ECtHR observed 79 Court of Turkey did not take into account the Turkey the of account into Court take didnot Court observed that the practice of banning of practice the that observed Court Others Turgay and and in Turgay judgment In its court. urg contested before the ECtHR in the case of of case in the ECtHR the before contested once again found the suspension of future future of suspension foundthe again once of journalists and amounted to censorship. censorship. to amounted and journalists of publications of a periodical to be in violation of of in violation be to aperiodical of publications preventive effect on the professional activities activities professional the on effect preventive 80 Ürper and Others v. and Turkey Others and Ürper of judgment Ürper and Others and Ürper its judgment of June 2009, the Constitutional Constitutional the June 2009, of judgment its unknown, had a had unknown, apriori was content whose the future publication of entire newspapers, newspapers, entire of publication future the 36137/07, 47245/07, 50371/07, 50372/07 50372/07 50371/07, 47245/07, 36137/07, Application v. Application Turkey, Others and Turgay ECtHR, Application v. Application Turkey, Others and Ürper ECtHR, June 2010. June commission of those offences through the press press the through offences those of commission question aims at the continuity of democratic democratic of continuity the at aims question and the media, as well as the aim, extent and and extent aim, the as well as media, the and 54637/07, 20 October 2009. October 20 54637/07, and society.” methods of terror in our country and the facility of of facility the and country our in terror of methods Nos. 8306/08, 8340/08 and 8366/08, 15/6/2010, 15 15 15/6/2010, 8366/08, and 8340/08 8306/08, Nos. Nos. 14526/07, 14747/07, 15737/07, 14526/07, Nos. 15022/07, the masses and the former’s influence on society, society, on influence former’s the and masses the with communicate to organs media and press the the by caused damage of magnitude the periodicals, of publication the of suspension the it has been concluded that the provision in in provision the that concluded been has it in result that acts of nature the consideration into , 80 the ECtHR noted in particular that in that in particular noted ECtHR the . 79 In this 2009 judgment, the the judgment, In this2009 -

49 50 The 2002 and 2003 amendments to the the to amendments 2003 and 2002 The the and thisban of Turkey lifting the was 3.3.3. Cultural and Political Pluralism group other than the three Lausanne minoriti Lausanne three the than other group and TV broadcasting to enter the field at the the at field the enter to broadcasting TV and allowed in “the different languages and and languages different in “the allowed subsequent room for public and private radio radio private and for public room subsequent until recently, never allowed any minority minority any recently,until allowed never in or press, …in the “anyuse language Until recently, broadcasting in languages other other in languages recently,Until broadcasting dialects used traditionally by Turkish by citizens traditionally used dialects explicitly identifying the purpose of the the of purpose the identifying explicitly the impacts the of One thisright. exercise to es and Greek for Armenian, made being on on and “the indivisible integrity of the state state the of integrity indivisible “the and on Broadcasting Law effectively paved the way for paved the effectively Law Broadcasting in media the on had has process EU accession to right the citizens all but minorities, Muslim non- only not Treaty The grants Lausanne. granted groups of tongues –mother Hebrew in the Media publications of any kind”. any However, of Turkeypublications has, reforms to be as such. as be to reforms without languages, in minority broadcasting Treaty of 1923 the under status minority minority languages spoken in Turkey. spoken languages minority Instead all to granted not was broadcast to right broadcasts shall not contradict the constituti the contradict not shall broadcasts local and national level. level. national and local 82 81 in their daily lives” daily in their with its territory and nation.” and However, the territory its with than Turkish was prohibited in Turkey, Turkishthan prohibited was excepti For a problematization of this phrase, see D. see phrase, this of aproblematization For The scope of the right was gradually expanded expanded gradually was right the of scope The 35 Union,” European the to Turkey’s Path (2003), (2003), Review Law Rights Human Columbia Constitutional Protection of Minorities on on Minorities of Protection Constitutional p. 151-214. were limited to public broadcasting in minority minority in broadcasting public to limited were Kurban, “Confronting Equality: The Need for for Need The Equality: “Confronting Kurban, to extend to private broadcasting. broadcasting. private to extend to through a series of laws. Initially, the reforms reforms the Initially, laws. of aseries through languages but were gradually expanded over time time over expanded gradually were but languages 82 with the caveat that such such that caveat the with 81 Broadcasting was was Broadcasting - - - dialects of the Kurdish the of dialects Kırmançi and Zaza In an attempt to address criticisms regarding regarding criticisms address to attempt In an granted by parliament. The 2002 regulation regulation 2002 The parliament. by granted allowed for 24-hour broadcasting in languages in languages broadcasting for 24-hour allowed subject to strict time limitations and much red red much and limitations time strict to subject significant time restrictions on broadcasting in broadcasting on restrictions time significant duration, scope and nature of broadcasting in broadcasting of nature and scope duration, identified identified apriori government the demand, other than Turkish. The regulation also also Turkish. than other regulation The ous and subsequent translation into Turkish into translation subsequent and ous broadcas over control state direct established of allowing the exercise of this right upon upon thisright of exercise the allowing of Regulations adopted by RTÜK further restric further RTÜK by adopted Regulations RTÜK. required to submit an audience profile to RTÜK RTÜK to profile audience an submit to required at languages in minority broadcasting private regulation in November 2009 which lifted the the lifted which 2009 in November regulation national security, general morality and the the and morality general security, national of in violation broadcasting prohibited simultane required control, bureaucratic rigid to broadcasting subjected languages, minority language, Circassian, Bosnian and Arabic. The The Arabic. and Bosnian Circassian, language, the were languages minority law. selected The 83 in order to receive permits. permits. receive to in order indivisible territorial and national integrity of of integrity national and territorial indivisible which languages merited to benefit from the the from benefit to merited languages which tape. Local and regional broadcasters were were broadcasters regional and Local tape. again but time, first for the level national the time restrictions for private broadcasters and and broadcasters for private restrictions time with restrictions these of incompatibility the the state. the imposed languages, minority of teaching the and children’s prohibited programming ting, rights conditional and limited already the ted of discretion the to left were but laws, the in specified not were languages minority these freedom of the press, RTÜK adopted a further afurther adopted RTÜK press, the of freedom for TV and radio programs, respectively, and and respectively, programs, radio and for TV A Quest for Equality: Minorities in in Minorities Equality: for AQuest D. Kurban, Turkey (2007), p. 17.(2007), , Minority Rights Group International International Group Rights , Minority 83 The 2004 regulation allowed allowed regulation 2004 The - - - TV channels broadcasting in minority in minority broadcasting channels TV 2009 of public broadcasting in Armenian. broadcasting public of 2009 in Kurdish broadcasting public 24-hour 2009, On 7 June 2004, TRT commenced broadcasting broadcasting commenced TRT 7June 2004, On ges spoken in Turkey). spoken ges However, RTÜK’s an is limited to a total of one hour per day. per hour one of atotal to is limited an adcasts are 45 minutes per day five days a day five per 45 minutes are adcasts staff members (the prevalent Kurdish langua (the prevalent members staff casts every 24 hours, broadcasting in Armeni broadcasting hours, 24 every casts Kurdish 6exclusively broad has TRT While deceive the international community by by community international the deceive cern. children’s and language-instruction program children’s language-instruction and each day, five days a week. The content and and day, content each The days aweek. five commenced, followed by the launch in April in April launch the by followed commenced, in Turkey. media minority of on 1January On protecti the about impression afalse creating the perceive They minorities. by criticised Notwithstanding this significant yet limited limited yet thissignificant Notwithstanding ming. These improvements resulted in the in the resulted improvements ming. These progress in establishing the regulatory regulatory the in establishing progress king this monitoring activity is grounds for con is grounds activity thismonitoring king in underta police local from support receiving and Zaza and Kırmançi new recruited law, the with RTÜK compliance broadcasters’ requirement as well as the prohibitions on on prohibitions the as well as requirement translation subtitle/simultaneous the removed red tape imposed on local broadcasters and and broadcasters local on imposed tape red reforms as an attempt by the government to to government the by attempt an as reforms languages. 85 84 increase in the number of radio stations and and stations radio of number in the increase in the five permitted languages. Television bro languages. permitted five in the week, while radio broadcasts last 30 minutes minutes 30 last broadcasts radio while week, the outdated content of programs have been have been programs of content outdated the the broadcasting, on imposed restrictions time The daily broadcasting in Armenian takes place place takes Armenian in broadcasting daily The have channels TV and stations radio far, 14 So Turkey 2010 2010 Turkey Commission, European Arabic. and Voice of Turkey Radio. of Voice Progress Report Progress between 07.30-08.00 and 18.00-18.30 at TRT’s TRT’s at 18.00-18.30 and 07.30-08.00 between Kurdish in broadcast to authorization given been 84 To be able to monitor these To these monitor to able be , p. 32-33. -speaking -speaking 85 -

------based in Diyarbakır was banned banned was in Diyarbakır based Welat Azadiya The mainstream media has traditionally traditionally has media mainstream The the of impartiality and independence The 3.3.4. Obstacles to Media Freedom Obstacles 3.3.4. A third principal external actor that imposed imposed that actor external principal A third which withdraws from political debates for fear of persecution. which withdraws of persecution. for fear debates political from in media, the minority of self-censorship adegree to leads often media mainstream nationalist and by the statist harassment as well as the state and by the military Surveillance In 2010, for example, the Kurdish newspaper Kurdish the newspaper for example, In 2010, and the state as well as harassment by the the by harassment as well as state the and military the by Surveillance judiciary. the and statist and nationalist mainstream media media mainstream nationalist and statist civilians have gained relative power and and power relative have gained civilians of development earlier, historical the explained often leads to a degree of self-censorship in self-censorship of adegree to leads often years of the Ottoman Empire has left a lasting alasting left Empire has Ottoman the of years and Impartiality in Turkeyand Impartiality pressure has become the elected government. government. elected the become has pressure pressure on the media has in most cases been been cases in most has media the on pressure independent apresence develop to failed has and structures, power to proximity political and economic in ideological, itself positioned As media. the without and within both from actors, comingmultiple from pressure political by in Turkeymedia curtailed are blockade of the state, the mainstream media media mainstream the state, the of blockade the into Turkeymedia subject be to continues by the judiciary several times and its journa its and times several judiciary the by courts. the by prosecution face issues political Those persecution. of for fear debates political legacy in the political culture of the country. country. the cultureof political in the legacy lists were prosecuted on charges of terrorism. terrorism. of charges on prosecuted were lists independence vis-á-vis the army, the of agent the vis-á-vis independence who nonetheless ‘dare’ to report on sensitive sensitive on ‘dare’ report to nonetheless who the armed forces, at times of transition where where transition of times at forces, armed the late the since relationship state-media the the minority media, which withdraws from from withdraws which media, minority the from the state. While the subject of political political of subject the While state. the from framework for a pluralist media, minority minority media, for apluralist framework -

51 52 powers to the judiciary. to powers grant and wide freedom enforcement on media restrictions Penal Law the and Anti-Terror Law impose significant Law, Press The Law, the Broadcasting Law, the Internet the The Judiciary The As stated earlier, the Turkish legal system is earlier, Turkish the system stated legal As 1980s has irreversibly changed the economic economic the changed irreversibly has 1980s grant wide enforcement powers to the the to powers enforcement wide grant and broadcasting news critical of official polici official of critical news broadcasting and television and radio of scores banned and also, and more so, in the penal code. The Press Press The code. so, penal more in the and also, and the media. How this relationship has has thisrelationship How media. the and stations simply for writing, publishing, editing editing publishing, simply for writing, stations significant restrictions on media freedom and and freedom media on restrictions significant structure of the media and consolidated the the consolidated and media the of structure dence and impartiality. The entry of big of entry The impartiality. and dence below. detail discussed in the final section of this report. thisreport. of section final in the discussed judiciary, the way in which The establishment. the by taboo be to considered issues on es extremely restrictive of media content, which which content, media of restrictive extremely Partially as a by-product of these external external these of aby-product as Partially Law, the Broadcasting Law, the Internet Law, Law, Internet the Law, Broadcasting the business into the media sector as a result of of aresult as sector media the into business indepen own its to obstacle an become has itself media the restrictions, legal and political in is discussed media the on pressure political banned dozens of newspapers and journals, journals, and dozens newspapers of banned judiciary, the been has media the on pressure press, radio, television and the internet but but internet the and television radio, press, judiciary. Courts widely interpret these these interpret widely Courts judiciary. is evident not only in legislation regulating the the regulating in only legislation not is evident interdependent relationship between the state state the between relationship interdependent which has prosecuted thousands of journalists, journalists, of thousands prosecuted has which the economic liberalization policies of the the of policies liberalization economic the impose government the and military the the Penal Law and the Anti-Terror the and Law Penal the impose Law translated into self-censorship will be be will self-censorship into translated - - 2008 banned the video-sharing website website video-sharing the banned 2008 Zarakolu for having published books recogni books for having published Zarakolu on the ground that it contained videos videos contained it that ground the on Youtube Özgür Radyo v. Radyo Turkey, in Özgür ECtHR the by zed Similarly, Turkish courts do not refrain from from Similarly, refrain not do Turkish courts Some of the cases brought against journalists journalists against brought cases the of Some granted under the Internet Law. In Internet an the under granted against editors who have published Turkish have who published editors against author is not a resident of Turkey of aresident is not is or unidenti author the where work written of translators and sing the Armenian Genocide of 1915. Courts’ Courts’ 1915. of Genocide sing Armenian the under the Broadcasting Law has been critici been has Law Broadcasting the under of this is the case brought against Ragip Ragip against brought case thisis the of example Aprime issues. political controversial censorship, an administrative court in May court administrative censorship, an ons imposed on a pro-Kurdish radio station to to station radio apro-Kurdish on imposed ons November 2010 but courts impose “frequent “frequent impose courts but 2010 November media content. Article 11 of the Press Law, Press the of 11 Article content. media regulating legislation on based have been against charges bringing by restrictions be an infringement of freedom of expression. of freedom of infringement an be journalists and media organs based solely on on solely based organs media and journalists 86 internationally notorious incident of internet internet of incident notorious internationally insulting Atatürk. The ban was lifted in lifted was ban The insulting Atatürk. widely interpreting the powers they are are they powers the interpreting widely website bans, which are disproportionate in disproportionate are which bans, website which attributes criminal liability to editors editors to liability criminal attributes which translations of foreign-language books on on books foreign-language of translations the content of the news they publish. publish. they news the of content the fied, has been used frequently by the judiciary judiciary the by frequently used been has fied, frequent resort to their injunctive powers powers injunctive their to resort frequent finding that the warning and licence suspensi licence and warning the that finding Özgür Radyo-Ses Radyo Televizyon Yayın Televizyon Radyo Radyo-Ses Özgür ECtHR, Yapım ve Tanıtım A.Ş. v. A.Ş. Turkey Tanıtım Yapım ve statements made on the radio, which were found found were which radio, the on made statements 64184/00, 30 March 2006 (holding that that (holding 2006 March 30 64184/00, 64183/00, 64181/00, 64179/00, 64178/00, prosecuted). being without organs media other by published been already had and hate or violence incite not well as incitement to violence and separatism, did did separatism, and violence to incitement as well by national courts to constitute defamation as as defamation constitute to courts national by , Application nos. nos. , Application - - 86 -

- A total of 4,091 investigations alone were were alone investigations 4,091 of A total trial). afair influence (attempting to 288 Article Anti-Terror and for having Law disclosed magazines. The incidents incidents The magazines. Express and Nokta military. military. involvingon high-profile cases the reporting from them deter to journalists against used being begun recently provisions of the Penal Code have afair trial influence to attempting and of investigations confidentiality The ged in propaganda for the terrorist organisati terrorist for the ged in propaganda scope and duration” and scope case. Ergenekon the on ons of the terrorist organisation. Two organisation. the of terrorist the of ons declarati or statements the published and on engaged in the fight against terrorism, enga terrorism, against fight in the engaged cases against mainstream web portals. webportals. mainstream against cases Penal Code against journalists who reported reported who journalists against Code Penal Penal Code and the Anti-Terror the and Code Penal Law. Two against opened cases criminal the of Most most recent examples concern the weekly weekly the concern examples recent most published the names of public officials officials public of names the published begun being used against journalists to deter deter to journalists against used being begun have recently Code Penal the of provisions the upon rest members their and organs media journalists have been prosecuted under the the under prosecuted have been journalists initiated under Articles 285 and 288 of the the of 288 and 285 Articles under initiated 88 87 involving the military: Article 285 (breach of of (breach 285 Article military: involving the Nokta of closure in the resulted eventually that the confidentiality of investigations) and investigations) and of confidentiality the cases high-profile on reporting from them The case concerns an alleged ultranationalist ultranationalist alleged an concerns case The Turkey 2010 Progress Progress 2010 Turkey Commission, European of the government. the of criminal gang involving retired and active senior senior active and retired involving gang criminal mafia who are accused of plotting the overthrow overthrow the plotting of accused are who mafia intelligence, the of members personnel, military Report bureaucrats, journalists, academics and the the and academics journalists, bureaucrats, , p. 21. 87 and there are ongoing are there and 88 Similarly, countless Similarly, countless - - - Express magazines. magazines. Express Nokta and the weekly examplesconcern the most recent organisation. of the terrorist Two or declarations statements of in organisation propaganda for published the theand terrorist terrorism, engaged against in the fight engaged public officials Terror Law for having of published disclosedthe and names the Anti- under prosecuted have been journalists Countless October 2009, where he quoted a PKK militant militant aPKK quoted he where 2009, October Staff of journalists and media organs. On 29 29 On organs. media and journalists of Staff was eventually acquitted, his repeated his repeated acquitted, eventually was Görmüş Nokta of in Chief Editor the Görmüş, generals conspired to stage a coup against the the against acoup stage to conspired generals and the editor of the magazine to a fine for afine to magazine the of editor the and to convicted was Aktan publication. aPKK and Another conspirators. fellow his alleged and defamation case was brought against Alper Alper against brought was case defamation of agroup that reported diary, periodical the Örnek, Özden to belonging reportedly diary of the Anti-Terror the of Law. coup attempts were rejected at the time. In time. the at rejected were attempts coup A investigation. an opened and computers obliged were but in 2004 government elected General of Chief the by aclassification of on on 15 15 on in Express published Kurdish question, published sections from a from sections published 2007, Nokta March having engaged in “the propaganda of the the of propaganda having in “the engaged the on wrote he article for an prosecuted is press the of freedom against example recent requests for the court to look into the alleged alleged the into look to court for the requests its seized magazine, the of offices the raided later years, the allegations of coup attempts attempts coup of allegations the years, later imprisonment of one year and three months months three and year one of imprisonment in 2007 started with the magazine’s publicati the with started in 2007 terrorist organisation” in violation of Article 7 Article of in violation organisation” terrorist was who Aktan, İrfan against case the their attempts. On 13 April 2007, the police 2007, police the April 13 On attempts. their opposed time, the at Staff General of Chief the , Özkök Hilmi when off preparations their call to this on Based Forces. Navy of Chief former the formed the basis of the prosecution of Örnek Örnek of prosecution the of basis the formed . While . While -

53 54 and “membershipand organization.” of aterrorist animosity” of and “incitement hatred on charges to detained subsequently and Şık and Şener arrested case. were Ergenekon of the Şık part Ahmet and Şener Nedim as journalists the 2011 detention in March inbeen of Turkey freedom has development on media sparking debates mostrecent The “incitement to hatred and animosity” and hatred to “incitement “membership of a terrorist organization.” The The organization.” “membership aterrorist of The detention of these journalists who are not not are who journalists these of detention The The most recent development sparking sparking development recent most The and society, but has also shattered the public’s the shattered also has but society, and award-winning book pointing out the culpabi the out pointing book award-winning an authored he Dink; Hrant of assassination attempts by senior military officers in 2003-4. in 2003-4. officers military senior by attempts and subsequently detained on charges of of charges on detained subsequently and statement that Şık and Şener were not not were Şener Şık and that statement case. Şener and Şık were arrested Şık arrested were and Şener case. Ergenekon detained for their acts of journalism, but on on but journalism, of acts for their detained dissident character of these journalists has led led has journalists these of character dissident criticisms, the prosecutor issued a written awritten issued prosecutor the criticisms, debates on media freedom in Turkey freedom media on been has debates criminal case involving the media in Turkey. media involvingthe case criminal Nedim Şener is among the few journalists who who journalists few the is among Şener Nedim Nedim Şener and Ahmet Şık as part of the the of part Şık as Ahmet and Şener Nedim case. In response to to In response case. Ergenekon in the belief media the of segments different by protests Ergenekon the with affiliated be to believed have reported on the case concerning the the concerning case the on have reported media; most notably, he was a reporter for the for the areporter notably, was he most media; lity of the state in thismurder. Şık, on state Ahmet the of lity 89 which revealed the failed coup coup failed the revealed which Nokta weekly terrorist organization has not only given rise to to rise given only not has organization terrorist to an unprecedented public debate on a on debate public unprecedented an to that had a critical take on the mainstream mainstream the on take acritical had that organs in media worked hand, has other the the detention in March 2011 of journalists journalists of 2011 in March detention the “membership to the Ergenekon terrorist terrorist Ergenekon the to “membership This charge was subsequently dropped. Currently, Currently, dropped. subsequently was charge This organization.” the two journalists are solely charged with with charged solely are journalists two the 89 and and - “confidentiality of the investigation.” In his investigation.” the of “confidentiality These statements were interpreted by many many by interpreted were statements These Code the and Anti- Terror Law. provisions of Law, the Press the Penal brought of on theseveral basis on in700 trial are Turkey in cases in are prison more and journalists than 48 (IPI), International Institute Press data by the the latest to According 90 guiding the public opinion” through alleging alleging through opinion” public guiding the Ergenekon in the trust public undermined and (The Army of the İmam) the of has Army (The Ordusu İmamın confiscation by the police of the unpublished unpublished the of police the by confiscation office. prosecutor’s the by care” with evaluated “such that and concerned” organization the to due disclosed be not could which case,” on trial in Turkey in cases brought on the basis basis the on in Turkey brought trial on in cases of record poor have to avery continues country case. Notwithstanding the relative progress in progress relative the Notwithstanding manuscripts of Ahmet Şık’s book entitled entitled Şık’s book Ahmet of manuscripts and monitored closely being were broadcasts press freedom. According to the latest data by by data latest the to According freedom. press the standards, European in keepingmedia with the Turkey’s on bringing regulation content journalists as a threat. The subsequent subsequent The athreat. as journalists journalists are in prison and more than 700 are are 700 than more and in prison are journalists Ergenekon in the out carried investigation written response, the prosecutor also warned warned also prosecutor the response, written to the aims and purposes of the terrorist terrorist the of purposes and aims the to “contribute would political was case the that at aimed “ungrounded the comments that the of part as “evidence obtained of basis the the International Press Institute (IPI), 48 48 (IPI), Institute Press International the further heated the debate on media freedom freedom media on debate the heated further The book is about the alleged links between the the between links alleged the about is book The Turkey. Fethullah Gülen movement and the police in in police the and movement Gülen Fethullah 90

Turkey 122 ranked The military has always exerted power over the the over power exerted always has military The the as army the around constructed myth The The Chief of Staff ‘informed’ the public opinion opinion public the ‘informed’ Staff of Chief The Turkey 138 ranked The Army The As discussed earlier, the army’s involvement in involvement earlier, army’s the discussed As 92 91 government bodies, the armed forces and the the and forces armed the bodies, government and 1980. At other times, its interference took took interference its times, At other 1980. and a surge in cases of censorship, especially censorship, especially of a surge in cases staging military interventions, as in 1960, 1971 1971 in 1960, as interventions, military staging directness of its interference into politics. At politics. into interference its of directness of the fundamental principles of the regime, in regime, the of principles fundamental the of election of AK Party’s candidate Abdullah Gül Abdullah candidate Party’s AK of election of several provisions of the Press Law, Press the of the provisions several of example was the Chief of Staff’s ultimatum to to ultimatum Staff’s of Chief the was example years of the republic. From the outset, the the outset, From the republic. the of years Penal Code and the Anti- Terror Anti- the Law. and Code Penal milder forms, as in the February 28 February in the as forms, milder has changed across time is the degree and and degree is the time across changed has Turkey. of structures legal What and political into penetrated has republic the of protector unity. territorial and laicism of those particular guardian the as itself positioned has military in Turkey founding the to back politics dates presidential elections, which culminated in the in the culminated which elections, presidential modern military coup process. The most recent recent most The coup process. military modern judiciary to control media content. In 2010, In 2010, content. media control to judiciary influence of the military in every walk of life. life. of walk in every military the of influence issued through its website, prior to the the to prior website, its through issued times, the army took over power through through power over took army the times, the political culture and consolidated the the consolidated cultureand political the towards the Kurdish media, and efforts by by efforts Kurdish and the media, towards the AK Party Government on April 27 April on Government Party AK the falling 20 places in comparison to 2008 due to to due 2008 to in comparison places 20 falling 2010 Press Freedom Index Index Freedom Press Borders, Without Reporters Bianet October 2010, available at: http://bianet.org/ at: available 2010, October December 2010). 2010). December (last visited on 01 December 2010). 2010). December 01 on visited (last hapiste bianet/bianet/125321-turkiyede-kac-gazeteci- (last visited on 1 on visited (last freedom-index-2010,1034.html , available at: http://en.rsf.org/press- at: , available , “Türkiye’de Kaç Gazeteci Hapiste?,” 8 Hapiste?,” Gazeteci Kaç , “Türkiye’de nd th out of 178 countries. 178 of out in freedom of the press, press, the of in freedom th post- 91 th In 2009, In 2009, , 2007, 92

. The media has not been immune from the the immune from been not has media The in Turkey were classified as being either pro either or being anti-military. as in Turkey classified were published by Nokta prior its closure—journalists to Staff—and by the Chief prepared of allegedly adocument to According guardian. Interestingly, this was the first first the Interestingly, thiswas guardian. against the government’s allegedly fundamen allegedly government’s the against a further repercussion of non-accreditation for non-accreditation of repercussion a further allegedly prepared by the Chief of Staff - and - and Staff of Chief the by prepared allegedly organized conferences press attend to allowed has had to pay to for had has Nokta price after. The soon select media organs and journalists are are journalists and organs media select it has staged. At others, the media has has media the At others, staged. d’état has it direct and targeted way in which the military military the way in which targeted and direct culminating in the closure of the periodical periodical the of closure culminating in the warrant search for the grounds the of one of Staff’s accreditation system, whereby only only whereby system, accreditation Staff’s of published ‘news’ provided by the military military the by ‘news’ provided published of power, of case in the as take-over military’s the announce to platform the provided has it At times, politics. into interference military’s opinion. public influence to message forits sending media the remained it which of republic, the of nature be against the army by the military. In addition, In addition, military. the by army the against be to perceived journalist or organ amedia being avivid was army the of critical publishing news never refuted this claim though the article was was article the though thisclaim refuted never has Staff of Chief The anti-military. or pro -journa closure its to prior Nokta by published adocument to According military. the by has used the media for its ends is in the Chief Chief is in ends the for its media the used has lists during the February 28 February during the lists lists in Turkey were classified as being either either being as in Turkeylists classified were incident where the military used the new new the used military the where incident indicator of the potential consequences of of consequences potential the of indicator Nokta against court amilitary by issued without checking its accuracy, as in the case of of case in the as accuracy, its checking without coup coup each after TRT on declaration army’s the secular the ‘threatened’ which activities talist fictitious news against two respected journa respected two against news fictitious th process. A more Amore process. , - - -

55 56 political and economic networks of their owners. networks economic and political by the protected conglomerates purview of the largemedia outside they fall the susceptible, mainly because is particularly of intimidation by media orthe military, the pressure minority threats specific and general these is to subject While media all 93 agents, military officers, mafia and criminal criminal and mafia officers, military agents, susceptible, mainly because they fall outside outside fall they because mainly susceptible, by pressure or intimidation of threats specific under the Anti-Terror the under Code; Penal the and Law discreetly or openly threatened by state state by threatened openly or discreetly While all media is subject to these general and and general these to is subject media all While of a criminal network whose plans were known known were plans whose network acriminal of Kurdish question etc. Kurdish question having criticised state policies or advocated advocated or policies state having criticised for for years imprisoned regimes; military the of agents by tortured perpetrators”; “unidentified by in daylight killed networks; of members where incidents of is full history Turkey’s owners. their of recent networks economic and political the by protected army. the of critical publishing news against deterrence is afurther which military, ness” followed by his assassination by agents agents by his by assassination followed ness” list Hrant Dink for Dink “havingTurkish insulted Hrant list journa Armenian the of conviction is the lists journalists, especially those based in Ankara, in Ankara, based those especially journalists, issues such as clandestine coup attempts by by attempts coup clandestine as such issues is an inability to access information about the the about information access to inability is an instances of persecution of dissident journa dissident of persecution of instances the military, the Armenian genocide, the the genocide, Armenian the military, the taboo on reported and minorities; of rights the prosecuted have media been minority the conglomerates media large the of purview the is particularly media minority the military, the Ö. Öğret and S. Martens, “Pressing for Freedom: Freedom: for “Pressing Martens, S. and Ö. Öğret Two Centuries of Ceaseless Struggle in Turkey,” in Struggle Ceaseless of Two Centuries on 10 September 2010). 2010). September 10 on (last visited visited (last alongside-a-lot-of-guts-2010-06-07 php?n=part-iii-requiring-a-gut-feeling- Hürriyet Daily News Daily Hürriyet http://www.Hürriyetdailynews.com/n. , 7 June 2010, available at: at: available 2010, , 7June 93 One of the most tragic tragic most the of One - - - The AK Party government in general and Prime Prime and in general government Party AK The The Government The government. the to critical groups journalists and media positions against policies and the press, adopting controversial of of freedom poorlyquite on matters have performed Erdoğan in particular Tayyip Recep Primeand Minister government in general Party AK The 94 advance. Tayyip Erdoğan in particular Tayyip Recep in particular Minister Erdoğan have performed quite poorly on matters of of matters on poorly quite have performed to the military and police intelligence well in well intelligence police and military the to freedom of the press, adopting controversial controversial adopting press, the of freedom published an article in his paper which which paper his in article an published Agos, On 6 February 2004, Hrant Dink, the founder and and founder the Dink, Hrant 2004, 6February On Turkish nationalist who told the police that he he that police the told who nationalist Turkish 1915. What was particularly striking about this this about striking particularly was What 1915. editor in chief of the Armenian-Turkish weekly weekly Armenian-Turkish the of chief in editor Atatürk’s adopted daughter and the symbol of of symbol the and daughter adopted Atatürk’s overall coverage of the case was extremely biased, biased, extremely was case the of coverage overall distorted his writings and portrayed him as a as him portrayed and writings his distorted reacted media mainstream the in columnists and extreme right wing groups. Meanwhile Dink Dink Meanwhile groups. wing right extreme and and unity national threatening of Dink accusing indirectly and Gökçen Sabiha on allegations the unacceptable as rejecting statement a public assassinated on 19 January 2007 by a 17 year old old year a17 by 2007 January 19 on assassinated was Dink Eventually, crimes. hate and suggested the possibility of Sabiha Gökçen, Gökçen, Sabiha of possibility the suggested strongly to Dink. Finally, the Chief of Staff issued issued Staff of Chief the Finally, Dink. to strongly peace in Turkey. This incident made Dink the the Dink made Turkey. incident in This peace pilot. combat female first world’s the and pilot female Turkey’s first was Gökçen that is news making him a target of further nationalist attacks attacks nationalist further of atarget him making was convicted of “denigrating Turkishness” on on Turkishness” “denigrating of convicted was Hürriyet by page front the on covered was news this When the educated, modern Turkish woman, may have have may woman, Turkish modern educated, the threat to the “Turkish nation.” The media’s media’s The nation.” “Turkish the to threat deliberately which indictment an of basis the media the by attacks physical and verbal of target survived who orphan Armenian adopted an been Dink’s life and the responsibility of the media in in media the of responsibility the and life Dink’s killed Dink because he read in the papers that the the that papers the in read he because Dink killed (2010). T. Hrant see Çandar, murder, his latter hated the Turks. For excellent coverage of of coverage excellent For Turks. the hated latter 94 , the most popular daily, a number of of anumber daily, popular most , the Turkey accused by the German court of being being of court Turkey German the by accused Turkish media severely criticised the govern the Turkish criticised severely media Another notorious instance where the Prime Prime the where instance notorious Another Zahid Akman, the then head of RTÜK and the the and RTÜK of head then the Akman, Zahid 95 In September 2008, the Prime Minister Minister Prime the 2008, In September Germany, Erdoğan rejected persistent appeals appeals persistent rejected Germany, Erdoğan in 7INT Kanal of licence the cancelled Germany Germany; the case concerned an Islamic Islamic an concerned case the Germany; government TV channel. The Turkish The channel. press TV government accused these individuals of channeling channeling of individuals these accused and journalists critical to the government. government. the to critical journalists and appealed to the public to boycott the newspa the boycott to public the to appealed have to changed. not seems criticism against embezzled funds to Turkey to funds claimed even embezzled and depicted him as various animals in criticising in criticising animals various him as depicted embezzled its charitable contributions. The The contributions. charitable its embezzled have foundto was which organisation charity in cases fraud biggest the of in one officials Minister publicly confronted the media and and media the confronted publicly Minister became notorious for the civil cases cases civil for the notorious became Erdoğan Kanal 7 Kanal of executives highest ment for affording protection to individuals in individuals to protection for affording ment pers of the Doğan media group which had had which group media Doğan the of pers positions and policies against media groups groups media against policies and positions his policies. Though he lost each of these these of each lost he Though his policies. who cartoonists dissident against brought he lawsuits, the Prime Minister’s intolerance intolerance Minister’s Prime the lawsuits, implicated complicity by senior AK Party Party AK senior by complicity implicated the head of the media watchdog agency. watchdog media the of head the as position his public from dismissto Akman have might been money the of some that including thisscheme, of masterminds the funneled to the AK Party government. While While government. Party AK the to funneled e.V. (Lighthouse), a German-based aGerman-based e.V. (Lighthouse), Feneri Deniz Turks living in Germany, at least 17 million Euros Euros million 17 least at Germany, in living Turks of which were channeled to private enterprises enterprises private to channeled were which of Islamic charitable organization, was found by a by found was organization, charitable Islamic actual masterminds of the fraud were in Turkey. in were fraud the of masterminds actual German court to have embezzled 58 million Euros Euros million 58 embezzled have to court German members of the company in Germany, it passed passed it Germany, in company the of members within the Islamic community in Turkey. While Turkey. in While community Islamic the within the ball to Turkish authorities stating that the the that stating authorities Turkish to ball the staff three convicted court Frankfurt the in charitable contributions mostly collected from from collected mostly contributions charitable in , apro- 95

- - The impartiality of the public broadcaster TRT TRT broadcaster public the of impartiality The The AK Party government’s biggest and most most and biggest government’s Party AK The Turkish economy. 96 September 2009, when it levied on the Doğan Doğan the on levied it when 2009, September government announced a tax amnesty in amnesty atax announced government government’s economic policies, arguing that that arguing policies, economic government’s agency has been criticised for “its permanent permanent for “its criticised been has agency and pro-military position. Although the the Although position. pro-military and anti-government for its company the against in 2010, was press the of freedom attacked subject ... and careful avoidance from any any from avoidance careful ... and subject any almost and/or on government state de-stabilise the proper functioning of the the of functioning proper the de-stabilise the criticised who dismiss columnists endorsement of the official position of the the of position official the of endorsement exercises self-restraint when reporting reporting when self-restraint exercises The continues. group the against case European Commission noted that “the press press “the that noted Commission European groups’ media Doğan which by 2010 November Media Group a record 2,5 billion dollar fine for fine dollar 2,5 billion arecord Group Media has always been in question in Turkey in question the been and always has laws, many interpreted it as apunishment as it interpreted many laws, infamous conflict with the media occurred in occurred media the with conflict infamous when he called upon the media patrons to to patrons media the upon called he when this as a routine instance of enforcement of tax tax of enforcement of instance aroutine this as portrayed government the While evasion. tax to serve would portrayals distorted their following the initiation of thiscase.” of initiation the following half, by court the reduced were debts financial on television the and radio. debated and into now politics are intervention discussed being genocide, the the and army’s Kurdishquestion Armenian the and with Cyprus, Armenia relations such as issues policy. broadcasting Political in change TRT’s considerable power,Following to a Party’s AK been ascension has there Turkey 2010 Progress Progress 2010 Turkey Commission, European Report , p. 21. 96

57 58 97 a reflection of the weakening of the army’s army’s the weakeningof the of a reflection the investigating Programs radio. the and are politics into intervention army’s the and such as Cyprus, relations with Armenia and and Armenia with relations Cyprus, as such democratisation in Turkey.democratisation coming to the With engagement with controversial issues.” controversial with engagement official history narrated by the state are are state the by narrated history official the questioning and past recent country’s power, there has been a considerable change aconsiderable power, been has there to ascension Party’s AK following years, recent power over politics as part of the process of of process the of part as politics over power TRT. the by aired being change is This regularly television on debated and discussed being now in TRT’s broadcasting policy. Political issues issues Political policy. in TRT’s broadcasting the Armenian genocide, the Kurdish question Kurdish the question genocide, Armenian the Ibid . 97 In Turkey. Opposition parties and mainstream mainstream Turkey. and parties Opposition

and partial towards the government and for and government the towards partial and continues to be a matter of contention in contention of amatter be to continues TRT.over this, TRT’s Having impartiality said power the claims legitimacy, democratic its on which, based and state the of position official the with is in contradiction issues political core criticise public television for being too close to to close too for being television public criticise power of a government whose position on the the on position whose agovernment of power political parties. political all from distance equal an at standing not government the of critical organs media the state – i.e. the army - has lost its control control its lost -has army the –i.e. state the issues, these on Turkey’s policies set to official Fourth Section

Today, in Turkey media mainstream the Today, ownership media of concentration the Media Policy and Democratic Politics: an Assessment In Turkey, republic, days the of early sincethe zed by governments to “manufacture consent.” “manufacture to governments by zed and monitors the government on behalf of of behalf on government the monitors and assumed a critical role in this state-guided pro in thisstate-guided role acritical assumed and process modernisation the of actors agenda gives it the potential to act in the in the act to potential the it gives agenda and the relationship between media and and media between relationship the and statist ideology. statist society. Critical theory, on the other hand, has hand, has other the on theory, Critical society. studies. While it is by and large accepted that that accepted large and is by it While studies. democratisation based on the assumption that that assumption the on based democratisation continues to by and large be instrumentalised instrumentalised be large and by to continues of WWII, where the media was instrumentali was media the where WWII, of experience the after particularly state, the of judiciary, the and legislature the executive, viewed the media as the ideological apparatus apparatus ideological the as media the viewed Liberal theory has assumed a critical role in role acritical assumed has theory Liberal by the state and lacks the ability and will to to will and ability the lacks and state the by media has been considered one of the leading leading the of one considered been has media The be. would regime the democratic more modernisation has been associated with with associated been has modernisation politics has become the new object of media media of object new the become has politics ject as both the producer and the consumer of of consumer the and producer the both as ject interest of existing power structures. structures. power existing of interest which is independent and free from the the from free and is independent which the same time, however, time, a of same the emergence the the media is portrayed as the “Fourth Estate” Estate” “Fourth the as is portrayed media the Accordingly, systems. in democratic media the the more the society was modernised, the the modernised, was society the more the the masses, its ability to determine the public public the determine to ability its masses, the over power have not absolute does media the function properly as the “Fourth Estate.” At Estate.” “Fourth the as properly function - - At the same time, the increase in access to the the to in access increase the time, same At the published documents documents published Taraf daily and Nokta and subsequently in Taraf subsequently and Nokta process. process. of the modernisation one actors of the leading considered been more has democratic the the beand media regime would modernised, the thatwas the more theassumption society with on the democratisation based associated been has In Turkey, days since the early of the republic, modernisation gravity of the claims, whereas those media media those whereas claims, the of gravity has years past in the organs media alternative active military officers, documents which which documents officers, military active am media by and large chose to downplay the the downplay to chose large and by media am after the publication of these documents in documents these of publication the after state’s interests and policies. The weekly weekly The policies. and interests state’s media mainstream the of ability the shattered selectively published news that suit AK Party’s Party’s suit AK that news published selectively used by the mainstream media organs. Even organs. media mainstream the by used dissemination. Particularly striking were were striking Particularly dissemination. evidently had also reached but had not been been not had but reached also had evidently and retired senior by plans coup clandestine citizens’ participation in news making and its its and making in news participation citizens’ government the to sympathetic organs production of politically controversial news news controversial politically of production for the space alternative another provided leaked from within the military documenting documenting military the within from leaked internet and social networking sites has has sites networking social and internet policies. and interests which would not make it through the filters of of filters the through it make not would which to filter controversial news that challenge the the challenge that news controversial filter to the mainstream media. They made possible possible made They media. mainstream the few small but effective independent and and independent effective but small few , the mainstre , the -

61 62 democratic values such as pluralism, equality. and diversity such as democratic values of core the and embrace notion citizenship of shared in Turkey,democracy on a is such participation not based asign of of as the strengthening may beinterpreted media active in participation the politics through While citizens’ Turkey, such participation is not based on a on Turkey, based is not participation such as well as women is quite prevalent in both the the in both prevalent is quite women as well as and on the other raised serious issues concer issues serious raised other the on and raising cases, in criminal suspects against sign of the strengthening of democracy in democracy of strengthening the of sign information. such serious issues in terms of the due process process due the of in terms issues serious footage video and voice recorded secretly unlawfully obtained documents showing showing documents obtained unlawfully dents. Discriminatory news content against against content news Discriminatory dents. dissi and minorities against discrimination of citizenship in Turkeyof of prevalence is the idea egalitarian and ademocratic constructing di pluralism, as such values democratic core of ethnic, religious, sexual and other minorities minorities other and sexual religious, ethnic, in politics participation active citizens’ While versity and equality. A serious impediment to to impediment Aserious equality. and versity hate speech in the media, which enables and and enables which media, in the speech hate embrace the citizenship and shared of notion ning due process and the right to fair trial of of trial fair to right the and ning process due mainstream media did not or could not provide provide not could or didnot media mainstream in defendants of hundreds against filed ments Indict individuals. implicated the of rights used have which been of some figures, political indeed facilitates the spread of animosity and and animosity of spread the facilitates indeed illegal conduct has on the one hand provided provided hand one the on has conduct illegal implicating senior military officers and and officers military senior implicating through the media may be interpreted as a as mayinterpreted media be the through wrongly—by or incriminated—rightly those the public with the kind of information that the the that information of kind the with public the such on relied frequently case Ergenekon the footage. The use of the internet for leaking for leaking internet the of use The footage. - - - - “militant citizen” as both producer and and producer both as citizen” “militant or real any to refers latter the where “them” Turkey. to accomplished be to remains Much 98 In conclusion, the processes of economic economic of processes In the conclusion, against minorities, dissidents and human human and dissidents minorities, against and the existence of penal laws restricting free free restricting laws penal of existence the and speech hate criminalizing framework a legal and enhanced freedom of the press and and press the of freedom enhanced and changed incoherent, times at and slow albeit which, reforms generated process accession speech encourage and indeed empower the the empower indeed and encourage speech society and the media. Nonetheless, the the Nonetheless, media. the and society only the media organs but also the users of the the of users the also but organs media only the consumer of the media. media. the of consumer Kurdish the and as such issues controversial ensure media independence and freedom in freedom and independence ensure media es and the new media provide for accessing hit for accessing provide media new the and es technologi information the that opportunities Nonetheless, these developments failed to to failed developments these Nonetheless, rights activists. Readers’ comments on the the on comments Readers’ activists. rights speech hate to resort that media social new relations, and the EU process. The absence of of absence The EU process. the and relations, “us” of versus dichotomy ideological an reveal prevalent authoritarian mindset in state, in state, mindset authoritarian prevalent legal person that criticizes official policies on on policies official criticizes that person legal liberalize media regulation, and more impor more and regulation, media liberalize EU the and crisis banking the liberalization, internet sites of newspapers, in particular, in particular, newspapers, of sites internet traditional and new media in Turkey. media new and traditional the Armenian questions, civil-military civil-military questions, Armenian the the ownership structure of the media in Turkey media the of structure ownership the tantly and challengingly, change and the to tantly freedom of expression, at least relatively. least at expression, of freedom S. Erler, “Nefret Suçlarında Medyanın Etkisi,” 13 13 Etkisi,” Medyanın Suçlarında “Nefret Erler, S. The 2009 report of an NGO documents the the documents NGO an of report 2009 The (last visited on 04 June 2010). 2010). June 04 on visited (last etkisi/#more-581 org/2010/09/nefret-suclarinda-medyanin- http://www.nefretme. at: available 2010, April decade of hate speech against ethnic and and ethnic against speech hate of decade available at: http://www.sosyaldegisim.org/ at: available Ulusal Basında Nefret Suçları Nefret Basında Ulusal Association, Change Social minorities. religious past the within media Turkish the in prevalence wp-content/uploads/2010/10/nefret_suclari_ (last visited on 21 March 2010). 2010). March 21 on visited (last light-.pdf , 30 April 2009, 2009, April , 30 98 It is not - - - state’s ability to control the media and society, society, and media the control to ability state’s culture and ethics in Turkey. ethics culture and policies, media of longevity the to challenge challenge not only to the continuity of the the of continuity the to only not challenge post- In apost- content. news over media mainstream the of hegemony the to also but agreat pose information censored herto less able to maintain its ideological alliance alliance ideological its maintain to able less information and democracy pose a significant asignificant pose democracy and information with the military and the state. More impor More state. the and military the with transparency, access to true and impartial impartial and true to access transparency, for society from demands tantly, increasing the world in Turkey, world Taraf is much media the and and Nokta - in Turkey. ethics and the longevity to policies, of media culture challenge information poseimpartial asignificant democracy and and true to for transparency, access society from demands importantly, More the state. and the increasing military with the maintain alliance able its ideological to less much In apost-Nokta post-Taraf and worldin Turkey, is the media

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67 68 pers and weekly magazines. magazines. weekly and pers newspa daily for various areporter as worked She University. Bilgi of Department Systems Communications and Media at researcher a as works and University Galatasaray of Department Science Political the on Program Doctoral Currently, the to shecontinues university. same the at Program Studies Cultural on Master’s her sity. She received Univer Bilgi Istanbul at in Sociology degree minor her and Systems Communications and (BA) in Media degree major her received Elmas E About the Authors E sra lmas - - rights law. rights human and in Turkey minority European and in Turkey, rights human displacement internal and minority of areas in the published She has University. Boğaziçi of Department Science Political the at law of professor adjunct is an Agos for editor apage and Radikal daily national the for York. is acolumnist in New Kurban Affairs Political of Department Nations United the of Division Affairs Council Security the at Officer Affairs Political Associate an as she worked 2001, and 1999 Between School. Law Columbia from degree (JD) Doctor Juris her and Affairs, Public and International of School University’s Columbia from rights in(MIA) human Affairs in International Master’s her received She University, Istanbul. Boğaziçi from Relations International and Science Political in degree bachelor’s her She received (TESEV). Foundation Studies Social and Economic Turkish the at Program Democratization the of Director Program is the Kurban Dilek D ilek K , a Turkish-Armenian bilingual weekly., aTurkish-Armenian bilingual She urban TESEV Democratization Program Media Studies Series – 1

Communicating Democracy - Democratizing Communication Media in Turkey: Legislation, Policies, Actors

Esra Elmas Dilek Kurban

Bankalar Caddesi Minerva Han, No:2, Kat: 3 34420 Karaköy ‹stanbul T +90 212 292 89 03 F +90 212 292 90 46 DEMOCRATIZATION www.tesev.org.tr ISBN 978-605-5832-83-4 PROGRAM