According to the Law numbered 3948 about Private Radio and Televisions –article 29 – the total share of a foreign capital in a TV broadcasting station wouldn’t exceed %25. That rule was a hindrance for many foreign investors who would be willing to invest media sector in Turkey.

Because an investor who would have got less share then %50 wouldn’t be effective in the administration of a company.

That was why the world-wide media companies that are accustomed to be leading were hesitant to participate the Turkish Media Sector because of this restriction.

Following 2001 economic crisis two great capitalist group that also had TV companies fell into a serious crisis on account of their banks critical position. The State confiscated the assets and companies of these persons to cover the loss of their creditors.

The reason of the State of this transaction was to pay their debts by converting the companies and their assets into cash as soon as possible.

For this task Saving Deposit Insurance Fund (TMSF) was assigned. As a result of these developments two companies mentioned above and consequently their TV broadcasting companies that hold the %25 of the Turkish Media was transferred to Saving Deposit Insurance Fund. For this reason the said Fund became dominant of the %25 share of Turkish TV Broadcasting Sector.

The Fund is after making preparations for selling these companies within the oncoming months.

The Fund is also after encouraging the foreign investors to participate.
The competitive bidding of these companies. For this reason Article 15 of Bank’s Law was amended or 16.06.2004 .

This amendment enable the foreign companies and private people to buy more than %49 share of the said companies and consequently their TV stations. Thus %25 limitation mentioned in the Law numbered 3984 concerning the foreign capital, was abolished for the TV broadcasting companies. That are going to sold by the Fund.

This new trend is an important chance for foreign investors in Turkish Media Sector.

In addition to these recent developments we would like to share three important matters with you.

In the new Turkish Penal Code three new type of crime was implemented;

As to the first, infringing the secrecy of private lives. Those who make public visions and voices are to be punished form one to three years of imprisonment.

In case it is committed by media than the penalty will be augmented from one and a half year to four and half years.

As to the second amendment it is about the protection of personal data.

According to the article 135 of the new Turkish Penal Code those who record personal data illegally are to be punished from six months to three years for this crime. This crime will be particularly effective on the people in the marketing sector. From now or such data won’t be record unless the permission of concerning people. In the Internet Media there exists quite a lot of data about people’s preference by mediating in to their computers.
From 1st of April 2005 that new Turkish Penal Code is going to be effective such personal data are prohibited to be recorded and used without the consent of their owners. As for the third new crime is about recording the private conversations. Whoever records the private conversations between people or during a meeting without the concerning people consent is to be punished to maximum six months imprisonment.