Radyo ve Televizyon Yayınlarında Kişilik Haklarının İhlali ve Korunması

Abstract

İletişim teknolojisindeki ilerlemelerle birlikte radyo ve televizyonlar, hayatımızın önemli bir parçası haline gelmiştir. Yapılan araştırmalar, insanların, hemen her gün birkaç saatini radyo dinlemekle özellikle de televizyon seyretmekle geçirdiğini ortaya koymaktadır.

Radio and televisions have been an important part of our lives with the improvements of communication technology. Researches show that people spend their several hours listening to the radio especially watching TV. This attention makes radios and TV?s a superior power. It is natural that under this extraordinary power unconscious individuals feel helpless. The law system not only gives this opportunity to radios and televisions but also protects the individuals, doesn?t forget (neglect) them. Not being able to know or perceive these relative rights perfectly and to neglect and misuse of duties appears as an important problem in terms of violation of personal rights. Because of these reasons we tried to show that there is an accurate scale which tries to keep balance between the partsPersonal rights are very wide, they appears as individual?s personal material values, personal spiritual (non-material) values, and personal economical values. The material values of the individuals who has been mentioned in radio and TV broadcasts are analyzed as his right on the writing, his right to life and his right to health. The individual?s non ?material personal values are honor and consideration, photo and video camera records, name, voice and freedoms and private life?s confidentiality which is analyzed as (shared)common living quarters, private living area and confidential living area . The individual?s economical rights are personal professional rights and personal commercial rights; and these values are analyzed in a detailed way with its legal theories and characteristics.In radio and TV programmes the types of personal rights violations, are analyzed in a detailed way in terms of the violated rights, and violation methods. A general frame of the state which they come into consciously or unconsciously, legally or illegally during the broadcasts of radio and televisions is tried to be drawn.In radio and TV broadcasts by mentioning about legal theories of personal rights, it is expressed that they aren?t helpless against people?s radio and television broadcasts and legally they are protected against rights violations and they have legal assurance; and self-defense rights, respond and correction right and right of application to the supervisory boards are emphasized.Because of the violation of personal rights, very important cases can be opened against the radio and television establishments which take an important part in mass media, have a voice in today?s world, are accepted as the fourth power in Turkey after executive, legislative and judicial branches. These cases are called suit for damages and protective case. We tried to handle which cases they are, their legal theories and aims with its parts and component courts.While radio and television broadcasts are performing their duties, they significantly benefit by justification (lawful reasons). For radio and TV establishments justification is nearly a life-ring. Because of this quality the reasons result from law which is from justification, some situations like, news, consent, operating without attorneyship and criticism are handled carefully and a wide place given to this topic in our study.