Mukayeseli Hukukta ve Türkiye'de radyo ve televizyon yayıncılığının hukuki boyutu
At the Comparative Law and in Turkey legal aspect of radio and television broadcasting
- Tez No: 92607
- Danışmanlar: YRD. DOÇ. DR. AYDIN GÜLAN
- Tez Türü: Doktora
- Konular: Hukuk, Kamu Yönetimi, Radyo-Televizyon, Law, Public Administration, Radio and Television
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1998
- Dil: Türkçe
- Üniversite: İstanbul Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Kamu Hukuku Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 314
Özet
Özet yok.
Özet (Çeviri)
SUMMARY The services rendered through Radio and Television are accepted as“Public Service”all over the world. The fact that this service effects people directly along with its technical, economic and social reasons makes if necessary to control and limit this activity by the State. The supervision and limitation in this area are generally implemented by administrative bodies independent from the goverments. In Turkey, there was a state monopoly over Radio and Televison broadcasting until recently. This monopoly was actually destroyed first by the establisment of a private channel, known as Magic Box the time, and beginning te transmit via statellite in Germany in May, 1990. Thereafter, hundreds of private radio and television channels, although forbidden, have begun transmitting the begining of these corporations to transmit uncontroledly has caused a lot of problems. The goverment's combat against these corporate bodies have resulted in failure owing to the support given them by the public. As a result, private radios and televisions were allowed to transmit freely through an ammendement made in Article 133 of the Constitution in 1993 by the Parliament. Later in 1994, the broadcasting act (3984) was accepted. The most important feature of this act is that a regulatory commission has been established in the field of radio and television broadcasting. This commission, called as Radio - Television High Commission, is an independent administrative body. The selection and appointment of the majority of members of this commission by the ruling party or parties is of a nature to undermine this independance. Therefore, it is necessary that the selection of members for the commission be realined according to more system appropriate to this body's character. THis can be 279achieved by providing the opportunity for those from among various segment of society to be sefecfed into the commiission. RTÜK (Radio - Television High Commission) is embodied with powers ranging from allocating licences to enforcing sanctions in case of breaches as regards broadcasting regulations. Of these sanctions, the most controversial one is that transmissions can be stopped temporarily. This is a sanction given not only to broadcasting corporates but also to the audience and viewers alike. Therefore, we are of the opinion that adoption of monetary fines, instead of these sanctions, would be a more appropriate solution. However, no guarantee has been extended to broadcasting corporations against the sanctions enforad by RTÜK: actually, defence right has not been acknowledged, prescription time has not been taken info cansideration, and the necessity for the verdicts to be reasoned or to bo published in the Official Gazette has not been brought. In this respect, it is necessary that some guarentees be given to broadcasting corporations. 280
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