Press Release No: Individual Application 16/17
05.07.2017

PRESS RELEASE ON THE DECISION DECLARING THE APPLICATION - IN WHICH THE ALLEGED VIOLATION TO BE ARISING FROM THE REDUCE IN SCOPE OF THE TERRESTRIAL BROADCAST WAS ILL- FOUNDED - INADMISSIBLE

On 25 May 2017, the Plenary of the Constitutional Court declared the individual application lodged by Sabah Yıldızı Radio (Application No: 2014/12727) inadmissible for being manifestly ill-founded.

The Facts

The applicant, namely Sabah Yıldızı Radyo ve Televizyon Yayın İletişim Reklam Sanayi ve Ticaret Anonim Şirketi (“the Radio”), has been radio-broadcasting since 2006, by virtue of its regional terrestrial radio broadcasting license, at the provincial centres of Isparta, Kahramanmaraş, Antalya, Hatay, Mersin, Adana and in the districts of Kaş, Kemer, Alanya and Iskenderun. On 10 August 2011, the Radio and Television Supreme Council (“the RTUK”) performed an administrative act requiring the applicant company to suspend its broadcasts for the provincial centres of Isparta, Burdur and Kahramanmaraş as the RTUK considered that the broadcasting license belonging to the applicant did not cover broadcasting in the above-mentioned provinces.

In the action brought by the applicant radio with the allegation that the administrative act in question was unlawful, the 14th Chamber of the Ankara Administrative Court found the impugned administrative act lawful by its decision of 27 April 2012 and therefore dismissed the action. This decision was upheld by the judgment of the 13th Chamber of the Supreme Administrative Court dated 30 January 2014. The applicant’s request for the rectification of the judgment was dismissed by the decision of 12 June 2014 delivered by the same Chamber.  

The Applicant’s Allegations

The applicant maintained that it was the holder of a broadcasting license issued for the Mediterranean Region; and that the above-mentioned provinces, namely Isparta, Burdur and Kahramanmaraş, were located in that region. The applicant alleged that there had been a breach of Articles 2, 5, 10, 22, 26, 28, 29 and 35 of the Constitution as it was not allowed to broadcast in these provinces.

The Court’s Assessment

In brief, the Constitutional Court made the following assessments within the scope of this allegation:

The applicant merely and abstractly maintained that scope of the terrestrial broadcasting license had been determined erroneously. The Constitutional Court does not have a duty to determine the scope of a broadcasting license, as in the present application. The applicant failed to demonstrate that the restriction, which was considered to be imposed due to certain technical grounds, was applied contrary to the conditions set out in Article 26 §§ 1 and 2 of the Constitution and in breach of the freedom of expression. 

In the present application, the applicant did not fulfil the obligations to adduce evidence with respect to the alleged violation and to make explanations as to which rights falling into the scope of individual application had been violated and as to the reason thereof. The applicant therefore failed to justify its allegations.

For these reasons, the Constitutional Court declared the application inadmissible for being manifestly ill-founded.

 

This press release prepared by the General Secretariat intends to inform the public and has no binding effect.

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