MLSA 's comprehensive examination raises questions about RTÜK's impartiality and its impact on freedom of expression in Turkey, amidst growing concerns over the watchdog's widening scope and discretion in media regulation
The Media and Law Studies Association (MLSA) released an analysis of the Turkish Radio and Television Supreme Council's (RTÜK) actions in 2023, revealing significant disparities in penalties imposed on various media outlets. The report suggests a bias against opposition channels, with a large portion of fines directed at FOX TV, while pro-government groups Turkuaz and Demirören Media received no penalties.
RTÜK's 2023 record shows a total of 88 million 480 thousand 826 Turkish Lira in fines and 1,289 instances of broadcast suspension. Half of these fines were imposed on FOX TV alone. The phrase "democracy is not just about voting," articulated by journalist Çiğdem Toker during the May 28 elections, attracted the year's highest penalty, criticized for inciting hostility. This led to a fine exceeding 13 million Lira and a summons for Toker.
The government's handling of the February 6 earthquakes was also a subject of RTÜK's scrutiny. Criticisms of the government's rescue and post-disaster efforts resulted in nine penalties totaling 4 million 617 thousand 304 Lira.
Statements regarding the May Presidential and General Elections led to three penalties, cumulatively amounting to 13 million 565 thousand 623 Lira. These included criticisms of the government, the ruling AKP, its far-right policies, and the coalition with the Nationalist Movement Party (MHP).
FOX TV received the largest amount of fines, followed by STAR TV, SHOW TV, and HALK TV. Notably, Turkuvaz and Demirören Media groups, aligned with the government, faced no penalties throughout the year. TGRT, another pro-government channel, was fined 715,000 Lira for a perceived hidden advertisement involving a Starbucks cup.
The series 'Kızılcık Şerbeti' and 'Kızıl Goncalar,' targeted by conservative and pro-government groups for their portrayal of family structures and lifestyles, faced record penalties. 'Kızılcık Şerbeti' received a fine of 1 million 89 thousand 209 Lira and five program suspension penalties, although these were later overturned by an administrative court.
Discussions surrounding Kurdish political figures Abdullah Öcalan and Selahattin Demirtaş also drew RTÜK's attention. The broadcasting of Demirtaş's book 'Dad' on HALK TV led to five broadcast suspension penalties, while Merdan Yanardağ faced a seven-day suspension for criticizing Öcalan's incarceration conditions.
LGBT+ related content did not escape RTÜK's purview, with a program featuring a transgender parliamentary candidate resulting in a fine of 495,636 Lira.
Overall, RTÜK issued 1,289 broadcast suspensions in 2023, with a majority for technical reasons. However, a significant number targeted opposition channels, with Halk TV receiving 15 suspensions.
The report by MLSA underscores concerns regarding RTÜK's impartiality and its expanding regulatory scope, which now includes overseeing internet broadcasts. RTÜK's recent hint at regulating social media platforms, including YouTube, marks a considerable extension of its influence and raises further issues about freedom of expression in Turkey.
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