1. Introduction

Recent debates in Turkey between some of Turkish motion picture producers and a foreign based entertainment groups which distribute and display motion pictures prompt the legislator to make amendments to the current legislation in order to dissolve the discussions. Thereupon, The Law on Amendments to The Law on Evaluation, Classification and Promotion of Motion Pictures (No.7163) (“Amending Law”) is published in the Official Gazette on 30.01.2019.

The amendments has entirely renewed the articles of The Law on Evaluation, Classification and Promotion of Motion Pictures (No. 5224) (“The Law”) concerning movie producers, distributers and theater operators with regard to the conditions of funding cinema producers, constitution of Support Board and The Commission, supervision of breaching usage of marks and inscription which are determined by Evaluation and Classification Board.

2. Evaluation and Classification Board (“ECB”)

The Law provides several boards and commissions which are responsible for different kind of tasks under the Ministry of Culture and Tourism (“Ministry”). Evaluation and Classification Board, which is one of them, is authorized to evaluate movies and motion pictures in order to protect human dignity, public order, public morality, mental health of children/youth and to classify their categories with the marks/inscriptions and also to ban movies and motion pictures from commercial circulation and projection in theaters in case they are improper.  

Even though Amending Law has been discussed a lot and became hot topic on media as it brings censorship by the authorization of the ECB, it should be noted that the ECB is an active board since the year of establishment 2004. Furthermore, the ECB’s authorizations and responsibilities have not been changed by the Amending Law. However, administrative fine responsibilities arise from disobeying the rules of the ECB has been increased by the Amending Law.

The only amendment related to evaluation and classification is the obligation of marking "18+” age sign in some cases. Accordingly, “18+” age sign is obligatory for the projections of the motion pictures in the festivals, previews and other similar cultural and art activities if the motion pictures haven’t been evaluated and classified by the ECB yet. The obligatory usage of marks/inscriptions will also be applied to the promotions and the projection halls.

3. Support Boards and The Commission
Before the Amending Law, there was only one board, which is namely Support Board, to decide which project/production/post-production will be supported and funded by Ministry for all kind of movies. According to the Amending Law, Ministry may constitute up to four specialized Support Boards for funding and supporting movies which are categorized based on their specialties.

Pursuant to the Amending Law a new board will be constituted which is The Commission. The Commission is a different kind of board under Ministry which is authorized to funding/supporting only tv series (soap operas) and foreign films.

According to the amendment, distribution and introduction of the first feature-length fiction film productions, feature-length motion picture productions, co-productions, documentary films can be funded up to 50% of the budget indicated in support application form. On the other hand, representation of the animation film productions, short film productions, scripting and Turkish films can completely be funded by Ministry. The funding budget for foreign films cannot exceed the 30% of the spent amount in Turkey and the amount which is determined by Ministry.