Introduction
Broadcasting to promote narcotic substance use under Article 190/3 of the Turkish Penal Code is a specific and highly sensitive criminal offense in Turkish law. Unlike simple possession (Article 191) or trafficking (Article 188), this provision targets those who use media, publications, or online platforms to encourage or normalize the consumption of narcotics.
For foreigners in Turkey — including journalists, artists, musicians, influencers, students, and business operators — this provision has significant implications. Even indirect messages that appear to praise or glamorize drug use may be interpreted as “broadcasting to promote narcotic use” and result in serious criminal liability.
This article provides a comprehensive legal framework, judicial perspective, and practical guidance for foreigners regarding Article 190/3 TPC.
Legal Framework
1. Turkish Penal Code (Law No. 5237) – Article 190/3
- Provision: “Any person who broadcasts or publishes content that encourages or facilitates the use of narcotic or stimulant substances shall be punished…”
- The scope covers press, radio, television, cinema, theater, music, literature, internet, and social media.
2. Related Provisions
- Article 188 TPC: Production and trafficking of narcotics.
- Article 190/1-2 TPC: Facilitation and providing opportunities for use.
- Article 191 TPC: Possession for personal use.
- Law No. 5651 on Internet Publications: Provides regulatory measures for online content.
- RTÜK Law (Broadcasting Regulation): Establishes media oversight mechanisms.
3. International Context
This provision aligns with global obligations under the 1988 UN Convention against Illicit Traffic in Narcotic Drugs, which requires states to combat drug propaganda and incitement through mass communication.
Elements of the Crime
1. Actus Reus (Material Acts)
- Broadcasting Content: Music videos, films, songs, books, or artworks that glorify drug use.
- Online Publications: Social media posts, blogs, or digital ads praising narcotics.
- Press and Media: Articles or interviews that encourage consumption.
- Public Performances: Stage shows or cultural performances that directly promote drug use.
2. Mens Rea (Mental Element)
- Requires intentional promotion of narcotic use.
- Neutral or academic discussions of drug policy are not considered criminal if not promotional.
3. Object of the Crime
- Any narcotic or stimulant substance: cannabis, cocaine, heroin, ecstasy, methamphetamine, opioids, synthetic drugs, etc.
Penalties under Article 190/3
1. Basic Penalty
- Imprisonment of 5 to 10 years.
- Judicial fines may also be imposed.
2. Aggravated Circumstances
- Targeting Minors: Broadcasting toward children or students results in heavier penalties.
- Mass Media Platforms: Using television, radio, or high-traffic websites leads to stricter sanctions.
- Repeat Offenders: Courts apply harsher punishment for multiple broadcasts.
3. Attempt and Participation
- Attempted broadcasting with promotional intent is punishable.
- Editors, publishers, and producers may also be held liable.
Judicial Practice and Yargıtay (Court of Cassation) Precedents
- Music and Art Cases: Yargıtay has upheld convictions where lyrics or music videos were interpreted as glamorizing narcotics.
- Social Media Cases: Courts treat Instagram, TikTok, and YouTube content as “broadcasting” within the meaning of Article 190/3.
- Freedom of Expression: Turkish courts differentiate between cultural critique or policy discussion (permissible) and promotion or encouragement (punishable).
Practical Implications for Foreigners
1. Artists, Musicians, and Performers
Foreign musicians or artists performing in Turkey must ensure that lyrics, stage designs, or messages do not suggest positive views of narcotics.
2. Journalists and Writers
Foreign journalists should exercise caution in reporting or discussing drug-related topics. Articles that appear sympathetic to narcotics use may trigger legal action.
3. Social Media Influencers
Foreign influencers in Turkey face heightened scrutiny. Even casual posts — memes, jokes, or references to narcotics — may be interpreted as promotion.
4. Students and Expatriates
Foreign students managing blogs or online content must avoid glamorizing narcotics, even indirectly, as they risk detention, trial, and deportation.
Defenses and Legal Remedies
- Freedom of Expression Defense: Distinguishing between artistic freedom and promotion of narcotics.
- Lack of Intent: Demonstrating the broadcast aimed to criticize or prevent drug use.
- Effective Remorse (Art. 192): Cooperating with authorities may reduce penalties.
- Procedural Defenses: Challenging unlawful monitoring or evidence collection.
- Appeals: Convictions may be challenged before higher courts and Yargıtay.
Conclusion
The broadcasting to promote narcotic substance use under Article 190/3 of the Turkish Penal Code underscores Turkey’s strict stance on narcotics crimes. Liability extends not only to traffickers and users but also to those who influence society through media and publications.
For foreigners, risks are especially high in artistic, journalistic, and social media contexts. Any content that appears to normalize or glamorize narcotics may lead to imprisonment, fines, and deportation. Preventive caution, cultural awareness, and legal guidance are essential for foreigners engaging in broadcasting or publishing activities in Turkey.
Yanıt yok