The harmonization of Turkish media laws with the European Union media laws and the problems faced

As known, the legal regulations in media policies are made either bywriting hard rules and preserving them or by deregulation as well assoftening, facilitating of available laws and avoiding from preventative laws,and reregulating which revises laws.In this thesis, the deregulation progress that impact deeply theprogress of harmonization of Turkish media laws with the European Unionmedia policy and laws in this perspective, is discussed. The scopes of thisstudy are, deregulations in regimes of press, cinema films and radiotelevisionin the framework of Accession process and Packages. In fact, inthis progress, the Pres Law numbered:5680, which regulates the pressregime, and the law Cinema, Video and Music Products numbered:3257,which regulates cinema regime have been completely changed. As regards,the radio and television regime, particulary advertisements, tele-shopping,right of reply and rectification, protecting of minors, sponsorship and mediaownership subjects are modified in frame of Directive of Television WithoutFrontiers, laid down by the European Union in 1989 and EuropeanConvention on Transfrontier Television, laid down by the Council of Europein 1989.These modifications are being realized as deregulation samples. Forexample, in the cinema films regime, the control criterias of films have beendecreased from twelve criterias to five criterias. The members who waschosen by the National Security Council to the Committee of Controling ofCinema Films, and to the Radio Television Supreme Council, have beenabolished for the purpose of civilitizationing these two councils. Anotherexample in television regime, the punishments, which are given tobroadcaster for breaking principles of broadcasting are now given only toprogramme, not to the channel. And principles of broadcast have beensoftened. The most important modification is of the language of broadcasts.In Turkey it was not possible to broadcast in any language, except Turkish,before the harmonization progress of EU. But, in the progress ofharmonization in 2002, it was permitted to broadcasts in different languages,used by Turkish nationals customarily in their daily lives and this broadcastswas been started on 7th June 2004 by Turkish Radio Television Corporation.Another example is about media ownership. The percentage of sharesforeigners is increased. The percentage of ownership for foreignersincreased from %20 to % 25. This percentage, in my opinion, should beraised to %49. As it is seen in these examples, hard rules in broadcastinghave been softened in process of harmonization with the European Unionmedia policies.Finally, all these modifications are being realized to reregulate andenlargement to the limits of the freedom of speech and media. This subjecthas made up axis of thesis.