17 October 2012, WEDNESDAY	Official Gazette	No : 28444
BY-LAW

BY-LAW ON THE PRINCIPLES AND PROCEDURES

IN RELATION TO THE RATING AND MONITORING OF

THE VIEWING AND LISTENING OF BROADCAST SERVICES

FIRST CHAPTER

Purpose, Scope, Statuary Basis and Definitions

 

 

Purpose

ARTICLE 1 – (1) The purpose of this By-Law is to determine the procedures and principles in relation to the rating and monitoring of the viewing and listening of broadcast services, and the sanctions to be applied against the enterprises and entities which do not comply with the mentioned procedures and principles.

 

Scope

ARTICLE 2 – (1) This By-Law covers the rating activities in relation to the viewing and listening of the radio, television and on-demand services under the jurisdiction of the Republic of Turkey provided by using, whatever names under they are, any kind of technique, method and instruments and by means of electromagnetic waves or other means.

 

Statuary Basis

ARTICLE 3 – (1) This By-Law has been prepared on the basis of the sub-paragraph (i) of Paragraph 1 of the  Article 37 of the Law No. 6112 dated 15/02/2011 on the Establishment of Radio and Television Enterprises and Their Media Services.

 

Definitions

ARTICLE 4 – (1) For the implementation of this by-law:

 

a) A ‘Research Firm’ stands for a legal entity which measures the viewing and listening ratios;

b) ‘The Raw data’ means any unprocessed data obtained from the database research or the panel;

c) ‘A Viewing or listening ratio (rating)’ stands for a ratio denoting the proportion of the viewers/listeners who receive a certain broadcast service within a certain period of time to the panel magnitude;

ç) ‘A Viewing/listening rating activity’ stands for a market research that measures through electronic or other ways the viewing/listening attitudes of the sampling units representing the whole or partial demographic and socio-economic structure of the country;

d) ‘A Viewing/listening share (share)’ stands for a ratio denoting the proportion of the viewers/listeners who receive a certain broadcast service within a certain period of time to the viewers/listeners in that period of time;

e) ‘the Law’ means the Law No. 6112 of 15 February 2011 on Radio and Television Enterprises and Their Media Services;

f) ‘The Union of Media Owners’ means a legal entity composed of more than one media service provider;

g) ‘The Common Industry Committee’ stands for a structure composed of the media service providers and the representatives of advertising sector who all come together for the purpose of having their viewing/listening ratios measured;

ğ) ‘An Organizational body’ stands for anyone of these legal persons: the Common Industry Committee; the Union of Media Owners; a media service provider and a platform operator; 

h) ‘Measurement’ means measuring the viewing or listening ratio;

ı) ‘The Panel’ means a totality of the houses where the rating is done and the data is harvested, capable of representing a mass of people in the database research.

i) ‘The panel magnitude’ means a total number of the houses existent in the panel.

j) ‘The panel design’ means the design that defines the panel structure by any kind of transaction, process and method used for selecting a panel out of the samplings of the database research;

k) ‘SES scale’ means a scale used for measuring a socio-economic statute;

l) ‘The Supreme Council’ stands for the Radio and Television Supreme Council

m) ‘The database research’ means a wide ranging research designed to select potential houses for the panel and to collect information on the demographic and socio-economic structure of and the broadcast service provided to a mass of people who will be represented.

 

 

SECOND CHAPTER

 

Applications for the Viewing/Listening Rating Activity

 

The conditions required to be available in an organizational body

ARTICLE 5 – (1) Any organizational body shall not cause an effect that could directly or indirectly hinder, distort or restrict the competition in a certain commodity or service market. It shall have to operate in accordance with its written and objective rules and in full-independence and in an institutional order, and have its legal clarity and technical competence.  

(2) For the purpose of ensuring a fair competition in the market of provision of the viewing and listening rating services, any selection to be made by an organizational body from amongst the potential research firms and/or any tender to be issued shall be essentially transparent, open to all potential research firms that have fulfilled the necessary requirements, not exclusionary and for a period of five years at the most.

(3) Every organizational body shall have to serve in terms of objectivity and fairness and on the reasonable and non-discriminatory conditions.

(4) The implementation of this Article shall be without prejudice to the functions and powers of the Competition Authority. 

 

The application procedures in relation to the rating activity

ARTICLE 6 – (1) It is obligatory for every organizational body to make an application to the Supreme Council for engaging in a rating activity.

(2) Every organizational body shall declare in its application file its preliminary information on the purpose and scope of the rating, its database research, the technical infrastructure to be used in the panel processes, its data collection systems (data collection, monitoring etc.), its correspondence address, web-address, e-mail address, telephone and fax numbers.

 

THIRD CHAPTER

 

The Principles and Procedures of Measuring the Viewing or Listening Ratios

 

General Rules in relation to the rating activity

          ARTICLE 7 – (1) Every rating activity shall be realized through the sense of responsibility towards the public and in accordance with the provisions of this By-Law and the related regulations.

          (2) Every rating result shall be prepared on the basis of credibility, consistency, objectivity, data privacy, up to dateness, transparency and accountability. If demanded, the rating results shall be communicated in the meantime to the subscribers taking part in the same category.

          (3) Without prejudice to the court decisions, all confidentiality of the database sampling obtained during a rating activity and the names and correspondence addresses in relation to the panel shall be ensured.

          (4) For allowing a monitoring in necessary cases, the raw data shall be kept filed in an archive and be opened for an on-site monitoring of the Supreme Council.

          (5) Every research firm shall have to have an ISO 20252 certificate.  

 

Database research

ARTICLE 8 – (1) The total field under survey that’ll serve as a basis to the rating shall comprise the households living in all the settled areas subjected to survey. Once in every each year, the database shall be updated up to this total field.

(2) The sampling data and the sampling design to be used in the database research shall be obtained from the Turkish Statistical Institute (TurkStat). The sampling data to be used in the database research shall be updated once in every year. 

(3) Every individual or household in the total field shall be included into the scope of survey and each of them shall have a probability to enter into the sampling.

(4) Probability sampling methods shall be applied in the database research.

(5) The sampling magnitude to be used in the viewing rating database research shall be determined as at least ten times bigger than the predicted panel magnitude.

(6) Any research firm shall not carry out a database research over an existent rating.

(7) Every research firm shall have to have an ISO 20252 certificate for carrying out a database research.

Panel design and its methodology

ARTICLE 9 – (1) The panel design shall be determined in such a way that it will represent the total field under survey.

(2) The houses to be selected for the panel shall not be of the ones outside of the database research sampling.

(3) In the application of panel design, out of the whole population living in all of the places of settlement under survey, the population aged 5 and over for the viewing ratings and the population aged 12 and over for the listening ratings shall be taken into account.

(4) The representation of Turkey shall be ensured on the SES scale to be used in the Panel design.

(5) At least twenty percent of all the houses in the panel shall be renewed each year in a way to remain in the system for a period of five years at the most.

(6) Provisions of Article 8 of this By-Law and its paragraphs 2, 3 and 4 shall not be applicable to the ratings that are executed by platform operators through their interactive communication systems in relation to their subscribers.

 

Liability of media service providers to notify to the Supreme Council

ARTICLE 10 – (1) Every organizational body is liable to notify to the Supreme Council about the media service providers taken place in its system and the rating results.

 

 

Data collection and its reporting

ARTICLE 11 – (1) Every hardware and software to be used in the rating system shall have to be up-to-date and suitable to the technological developments.

(2) The algorithm to be used in identifying a media service provider or the name of a programme that amounts to the rating results belonging to a specific time period at the ratings being carried out through electronic means shall be designed in such a way that it does not lead to any manipulation. Through using such an algorithm, any programme appointment at the “in-minute short term multiple-viewings” shall be made in a such way that it will not cause any hesitation.

(3) Every organizational body shall be responsible for keeping the record of all of the data pertaining to the rating process (including the raw data) at least for five years in an archive that is open to daily use.

(4) The raw data obtained from the panel shall be archived firstly in Turkey.

 

 

Public announcement of the viewing and listening rating results

ARTICLE 12 – (1) In case of making the announcement of the rating results to the public through all kinds of communication networks, the scope of the rating, its sampling method, the sampling’s magnitude, its data compiling method and application time shall have to be announced under the title of “Vital Statistics of the Rating”.

(2) Public announcement of the rating results shall not be in such a way that it might mislead and deceit both the public and the market, lead to unfair competition, serve for unfair interests and hinder the free formation of opinions in the society.

 

FOURTH CHAPTER

 

The Principles and Procedures In relation to the Monitoring of

the Viewing and Listening Ratings and the Sanctions

 

Liabilities of an organizational body and/or a research firm in relation to monitoring

          ARTICLE 13 – (1) Every organizational body shall be responsible for the formulation of a monitoring system that monitors the whole processes of the system such as the methodology used in the rating, the rating system and the reporting. For this purpose, it shall set up an independent and objective monitoring council consisting of three persons who are specialist in their fields. The monitoring Council shall submit its monitoring reports to the Supreme Council.  

           (2) Every organizational body and/or a research firm, along with the monitoring stated in the first paragraph above, shall ensure also the monitoring of all of its rating processes once in a year by an independent establishment and submit the report of that establishment to the Supreme Council.

             (3) In a monitoring by and/or let by the Supreme Council, it shall be obligatory for every organizational body and/or a research firm to provide a convenient working atmosphere, cooperate in an helpful manner, submit all types of demanded information and documents either orally or in writing without putting forward any provisions of confidentiality and secrecy, provide an infrastructure necessary for the monitoring and keep it in operating condition, make available the related persons who are authorised to represent, and eliminate in specified periods of time the setbacks that will be identified as a result of the monitoring.

 

          Monitoring of the Supreme Council

              ARTICLE 14– (1) When needed or upon receiving a complaint or a denouncement, the Supreme Council may carry out a monitoring or have it done on a file (a document) and/or an on-site monitoring for ascertaining whether or not the activities and procedures of the organizational body in question and/or those of the research firm, via an organizational body, is in compliance with this By-Law.

(2) The Supreme Council may not process the complaints and denouncements lacking names, signatures and addresses and the ones that remain out of control as at their scope.

(3) During its monitoring exercises, the Supreme Council may require information and documents from the real or legal persons and cooperate with them and set up consultation and/or monitoring councils composed of the representatives of the institutions and enterprises related with the rating, whose principles and procedures will be determined by the Supreme Council.

(4) The Supreme Council may let a monitoring be made by independent monitoring establishments competent in the field of rating and/or the enterprises dealing with technical monitoring.

(5) Considering its specifications, a monitoring is executed in a reasonable period of time. This period shall not exceed over a six months’ period. But, if considered necessary, an additional period of time for the monitoring shall be allowed through a resolution of the Supreme Council.

(6) Following the monitoring, a report on whether or not an incompatibility exists in the procedures and activities of the organizational body shall be submitted to the Supreme Council. If any incompatibility is found, a questioning regarding the monitoring is arranged and sent to the organizational body for receiving its defensive arguments in a written form within a period of thirty days. Following the receiving of its defensive arguments or at the end of the mentioned period, a monitoring report is prepared and the Supreme Council makes its resolution based on it.

        Sanctions

           ARTICLE 15– (1) Every real or legal person who carries out a rating activity or has it done under the scope of this By-Law without making any application to the Supreme Council shall be warned to end it up at once. If the rating activity still goes on in spite of the warning, the persons in charge of the infringement shall be fined to the sum of 600.000 Turkish Liras as an administrative fine and communicated a new warning to terminate the activity immediately. Despite this new warning, if the activity still goes on, the administrative fine is applied each time by increasing the sum at the ratio of the half of the each former one.

          (2) If an organizational body who has made an application to the Supreme Council is ascertained by the Supreme Council that it has not complied with the principles, procedures and obligations prescribed by this By-Law and the related regulations, it shall be warned to eliminate the incompatibility in a period of time to be determined in accordance with the gravity of the infringement. If the organizational body still sustains its incompatibility despite the warning, it is fined by considering the gravity of the infringement to the sum that ranges from 200.000 Turkish liras at the very least up to the sum of 400.000 Turkish Liras at the very most and plus a proper period of time is allowed to eliminate the incompatibility. Such a period shall not be more than six months. If the organizational body does not eliminate it in spite of this new warning or reiterates the same infringement within a year beginning from the communiqué date of the resolution of the Supreme Council on the sanction imposed in accordance with this Paragraph, the administrative fine is applied each time by increasing the sum at the ratio of the half of the each former one.

          (3) If ascertained by the Supreme Council that there has been an incompatibility with the provisions of the Article 12 in making the announcement of the viewing and listening rating results to the public, an administrative fine ranging from 50.000 Turkish Liras at the very least up to 100.000 Turkish Liras at the very most shall be applied to the real or legal persons in charge and these persons shall be warned to make a public announcement in compliance with the By-Law in seven days. In case the incompatibility is not eliminated despite the warning or the same infringement is reiterated within a year beginning from the communiqué date of the resolution of the Supreme Council on the sanction imposed in accordance with this Paragraph, the administrative fine is applied each time by increasing the sum at the ratio of the half of the each former one.

          (4) The sums of the administrative fines prescribed in this Article regarding the listening rates shall be applied at the rate of 30 percent.

         (5)  The Supreme Council has the power to implement the sanctions stated in this By-Law in accordance with the subparagraph (i) of paragraph 1 of Article 37 of the Law.

 

        Applying to the Judicial and Administrative Authorities

           ARTICLE 16– (1) If an incompatibility with the provisions of the related regulations is clearly ascertained in line with the information and documents obtained at one of the stages of the transactions and procedures carried out in relation to the rating and monitoring of the viewing and listening of the broadcast services, the Supreme Council shall reserve its power to apply to all judicial and administrative authorities, including suing a case.

 

        Cases in the absence of provisions

           ARTICLE 17– (1) In such cases where an incompatibility of the activities of an organizational body with the provisions is ascertained by the Supreme Council, but none of the provisions of this By-Law covers it, the procedure to be followed shall be determined in accordance with the resolution to be taken by the Supreme Council.

 

CHAPTER FIVE

Miscellaneous and Final Provisions

        Relations among the parties in the rating process

ARTICLE 18 – (1) The Supreme Council shall not be held responsible for a legal conflict to be possibly arisen among the organizational structure, the research firm and the served real and legal persons.

Provisions on the transition process

PROVISIONAL ARTICLE 1 – (1) Any enterprise or an establishment which has been dealing with the rating activity before this By-Law takes effect shall have to apply in accordance with Article 6 to the Supreme Council within three months beginning from the date when this By-Law comes into force.  During this period, any enterprise and establishment in such a situation may sustain their rating activities.

(2) A reasonable period of time for complying fully with this By-Law beginning from the date when this By-Law will come into force shall be allowed by the Supreme Council to the enterprises and establishments which have been dealing with the rating activity before this By-Law takes effect. This period shall not be more than a year.

 

Date of Effect

ARTICLE 19 – (1) This By-Law shall come into force on the date of its publication.
           

Implementation

ARTICLE 20 – (1) The provisions of this By-Law shall be implemented by the Radio and Television Supreme Council.