According to TİHEK's decision, an application was made to Kanal 7, ATV, Show TV, NOW TV, Star TV on the grounds that not making disabled-friendly programs violates the prohibition of discrimination on the basis of disability.
In the application, it was reminded that RTÜK has been working to ensure access to broadcasting services for the visually and hearing impaired, and in this context, the "Regulation on Procedures and Principles for Improving the Access of the Deaf, Hearing and Visually Impaired to Broadcasting Services" came into force in 2019.
In the application, it was claimed that the relevant channels did not operate in accordance with the obligations in the Regulation even though 5 years had passed, and that the content they broadcast did not include practices such as audio descriptions that would facilitate the access of visually impaired individuals, and that the prohibition of discrimination on the basis of disability was violated.
In the investigation initiated upon the application, written opinions were requested from the addressee institutions.
In the review of TİHEK, it was concluded that the addressees did not fulfill their responsibilities regarding disabled-friendly broadcasting within the scope of their positive obligations and acted contrary to the obligation of accessibility, therefore disabled people were put in a disadvantaged position in accessing broadcasting services and the prohibition of indirect discrimination on the basis of disability was violated.
In this context, administrative fines of 17 thousand 52 liras each were imposed on Kanal 7, ATV, Show TV, NOW TV, Star TV and RTÜK.
The Board decided to convert the fines into warnings and make a recommendation to RTÜK on the issue.
From the justification of the decision
In TİHEK's decision, the provisions of the Turkish Human Rights and Equality Institution Law No. 6701 regarding the prohibition of discrimination and the accessibility regulations in the Law No. 5378 on Disabled People were reminded.
It was stated that making information and communication services accessible to disabled people is among the positive obligations of the state within the scope of the United Nations Convention on the Rights of Persons with Disabilities.
Reminding that the relevant regulation came into force in 2019 and giving time to broadcasting organizations to gradually increase the rate of disabled-friendly programs, the decision noted that the addressee companies did not provide information and documents indicating that their accessibility obligations were fulfilled or that work was carried out in this direction.
Recommendation from the Board to RTÜK
In the recommendation sent by TİHEK to RTÜK, it was stated that accessibility, beyond an obligation arising from the legislation, plays a decisive role in ensuring that disabled individuals can effectively exercise their fundamental rights and freedoms.
In the text, it is emphasized that the inability of disabled individuals to access information and communication opportunities will restrict fundamental rights and freedoms, especially freedom of thought and expression, and states: "In fulfilling accessibility obligations, access to broadcasting services should be considered not only as an element of participation in cultural and social life, but also as a fundamental right directly linked to the right to access information, the right to life and public security." The statement was included.
In the text, it was emphasized that it is vital that broadcasts and emergency announcements made in extraordinary situations such as earthquakes, floods, fires and epidemics are made accessible through sign language, detailed subtitles and audio description methods.
Pointing out the critical role of RTÜK in implementing accessibility obligations and developing the capacities of media service providers, it was emphasized that the institution's execution of its duties with a human rights-based approach will strengthen the right of disabled individuals to access information.
In the text, it was emphasized that the "Hands Speak" project, implemented by Anadolu Agency to provide hearing-impaired individuals with fast, direct and simultaneous access to reliable news, constitutes one of the good practice examples for increasing accessibility in broadcasting services.
