What is the Penalty for Unauthorised and Loud Music Broadcasting?

Carrying out unauthorised music activities in the venue and broadcasting music in excess of the limit are different actions. It is possible for the two to occur together as well as together. What is meant as a venue is workplaces, hotels, venues broadcasting live music, entertainment-themed businesses, etc.

The definition of noise is not included in the Turkish Penal Code or the Environmental Law. In the Regulation on Environmental Noise Control, there is a definition as follows: ‘Environmental noise refers to undesirable sounds arising from industrial activities, transport vehicles, entertainment and recreation, construction and workplaces.’ As can be understood from the definition, entertainment sounds and workplace sounds are also the subject of environmental noise.

Even if the entertainment noise in an establishment does not go beyond the permitted limit and operates in accordance with the Regulation and the Law, if the permission for music in that place is not obtained or the necessary documents are not complete, the penalty condition still occurs.

The music broadcasting permit has a somewhat complex sequence as a procedure. For this reason, it is necessary to examine the stages carefully and in detail in accordance with the order. First of all, let’s examine in detail how to get a music broadcasting permit, how long the validity period is, what is the penalty.

What is Music Broadcasting Permit? How to Obtain it?

According to the Environmental Noise Control Regulation, the music broadcasting permit refers to the permission given to the workplaces that broadcast music within the scope of this Regulation as a result of the acoustic report evaluation. That is, a workplace that wants to broadcast music;

1. Firstly, the workplace that will broadcast music must obtain an ‘acoustic report’,

2. Afterwards, as a result of this acoustic report, a ‘music broadcasting permit’ must be issued.

So what is an ‘Acoustic Report’? According to the explanation in the same Regulation, the acoustic report refers to the report that determines the predicted environmental noise levels and shows whether the limit values are exceeded.

After these definitions, let’s examine the procedure for obtaining a music broadcasting permit under a separate heading.

How to Obtain a Music Broadcasting Permit?

In the light of the information contained in the Environmental Noise Control Regulation, in order to obtain a music broadcasting permit, the acoustic report of the workplace must be evaluated and approved by the Provincial Directorate of the Ministry of Environment, Urbanisation and Climate Change. The architects and engineers (electricity, machinery, construction, physics, electricity, electronics) who will prepare the acoustic report must have an acoustic expert certificate within the scope of the ‘Regulation on the Protection of Buildings Against Noise’ in order to be authorised to prepare acoustic reports.

Let’s explain the procedure separately in items:

– Wedding halls, restaurants, hotels, cafes and similar businesses operating as entertainment venues and broadcasting live music must first have an “acoustic report “ prepared in order to obtain a ”music broadcasting permit ’.

–Acoustic report can be obtained by companies authorised and accredited by the Ministry of Environment and Urbanisation.

– The acoustic report to be prepared must be prepared by architects and engineers who have an acoustic expert certificate within the scope of the ‘Regulation on the Protection of Buildings against Noise’.

– The prepared acoustic report, together with other necessary documents, should be applied to the Provincial Directorate of the Ministry of Environment, Urbanisation and Climate Change.

– The application is evaluated and approved by the Provincial Directorate of the Ministry of Environment, Urbanisation and Climate Change and a ‘music broadcasting permit’ is granted .

Every business that broadcasts music (regardless of band broadcasting, live music, DJ, etc.) is required to obtain this document and keep it in the business. During any inspection, penalties are imposed on businesses that broadcast music but cannot declare a music broadcasting permit.

Documents Required for Workplaces Wishing to Obtain Music Broadcasting Permit

1. Application petition

2. Sample of workplace opening and work licence

3. Sample of tourism business certificate, if any

4. Sample tax certificate

5. Signature circular or power of attorney

6. Acoustic report (2 sets)

7. Letter of Undertaking

8. Application fee receipt

Note: If the type of workplace is ‘Hotel’, the document showing the class of the hotel (1st, 2nd or 3rd class) from the relevant Municipality where the licence is issued within the scope of the ‘Regulation on Business Opening and Operation Licences’ must also be submitted to the Provincial Directorate during the application.

Even if a business has obtained a music broadcasting permit, if it creates noise exceeding the noise characterised as ‘environmental noise’, it is subject to certain sanctions. It is of great importance to determine at what stage the music broadcast in question exceeds the limit and creates environmental noise in order to avoid loss of rights. Let us examine the conditions for the occurrence of this exceedance separately.

Environmental Noise Criteria

Environmental noise criteria refers to the inspection carried out by administrative authorities such as the Ministry of Environment, Urbanisation and Climate Change or special provincial administrations delegated by this Ministry, mayors establishing environmental inspection units in accordance with the rules of ‘measurement and monitoring of environmental noise level’ in the Regulation.

Environmental noise level measurements are made in accordance with internationally recognised measurement standards to represent noise sources. In determining the measurement points; factors such as meteorological factors (wind, temperature, etc.) and propagation environment (airborne transmission, waterway transmission or building element origin) that will affect the propagation of sound are also taken into consideration.

When conducting environmental noise audits in workplaces broadcasting music; 3 different values are taken as basis as daytime, noon and evening and evaluations are calculated according to these criteria. According to the measurement table in the Environmental Noise Control Regulation, the criteria are as follows:

Noise Source	Measured Parameter	Environmental Noise Level
		Daytime	Evening	Night
Workplaces broadcasting music	LAeq 63-250 Hz	60 dB(A)	55 dB(A)	50 dB(A)

NOTE: The above limit values are valid as of 31.12.2023. In the acoustic reports prepared until this date; environmental noise measurement results and measures determined as a result of the measurement results taken are included.

In order to determine that the above limit values are met in the areas where the workplaces broadcasting music are located by the Provincial Directorate, an environmental noise continuous monitoring system is established in which the relevant administration will be informed electronically. In addition, the relevant administration may have acoustic planning and sound power limiting systems installed in order to keep the sound pressure level under control.

NOTE: Additional noise control measures may be determined in areas where more than one music broadcasting workplace operates together and at the same time.

A ‘noise indicator’ is used to characterise the above environmental noise values. According to the definition in the relevant Regulation, noise indicator is a physical scale used in defining the negative effect of noise and refers to the evaluation units used to express the measurement results with a single number by applying certain weights. An assessment is then made according to this noise indicator.

How to Determine the Penalty for Unauthorised and Noisy Music Broadcasting?

The sanction of determining that the music broadcasting and noise level exceeding the level specified in the Law and Regulation can be in 2 ways. Firstly, there may be an ‘administrative sanction ’. Another situation is the application of a sanction in terms of the ‘Offence of Causing Noise ’ in the Turkish Penal Code No. 5237. The distinction between these two sanctions is of great importance for a fair trial.

According to the relevant article of the Regulation on Environmental Noise Control, ‘Those who violate the provisions of this Regulation shall be subject to administrative sanctions stipulated in Article 20 of the Environmental Law.’ In other words, businesses that do not obtain the necessary permits in accordance with the Regulation or cause noise above the standards will be subject to administrative sanctions under the Environmental Law.

However, the last paragraph of the relevant sanction article of the Environmental Law states that ‘In the implementation of this article, the provisions of the Turkish Penal Code and other laws regarding the criminalisation of the act are reserved.’ To summarise briefly:

Although businesses that do not obtain the necessary permits in accordance with the Environmental Noise Control Regulation or cause noise above the standards are subject to administrative sanctions under the Environmental Law, if the offence in question constitutes an offence under the Turkish Penal Code or another law, the sanction may vary according to the nature of the offence.

Pursuant to the relevant laws and decisions of the Court of Cassation, the imposition of an administrative fine pursuant to the Environmental Law against unauthorised or noisy music broadcasting in the venue does not prevent a conviction for this offence. The person may be sentenced to both an administrative fine and the penalty of the Offence of Causing Noise in the Turkish Penal Code.

Penalty for the Offence of Causing Noise Due to Unauthorised and Loud Music Broadcasting in the Venue

Article 183 of the Turkish Criminal Code No. 5237 regulates the offence of causing noise, which falls within the scope of offences against the environment. Some criteria are taken into consideration to determine whether the offence has occurred. The main criterion is the health of the people in the residential area of the detected noise. Noise pollution has physiological and psychological effects on people and reduces their quality of life. For this reason, it is argued that people have the right to live in a quiet and healthy environment, and noise is prohibited by criminal laws and other laws containing penal provisions.

If it is determined that the detected noise has physiological, psychological and sociological negative effects on the people in the residential area, a crime has occurred.

A person who, in violation of the obligations determined by the relevant laws, causes noise in a way that is favourable to the health of another person shall be sentenced to imprisonment from 2 months to 2 years or to a judicial fine. The judicial fine in the wording of the article should not be confused with the administrative fine.

Administrative Fine for Unauthorised and Noisy Music Broadcasting in the Venue

Article 20 of the Environmental Law No. 2872, subparagraph (h) reads as follows : ‘An administrative fine of 232,264 Turkish Liras (for the year 2024) is imposed for entertainment noise that does not take the measures or necessary permits determined by the regulation issued in accordance with Article 14 of this Law or causes noise and vibration in violation of the standards. ’ As can be understood from the text of the article, the fact that the venue (business) in question does not have the necessary permission for music broadcasting and broadcasting music in a noise contrary to the standards is subject to the same administrative fine.

According to the relevant Law, the above-mentioned administrative fine is increased by one fold in the first repetition and by two folds in the second and subsequent repetitions within 3 years after the acts requiring the imposition of this fine are committed.

According to the statement in the Environmental Law No. 2872, in order for municipalities to be responsible for carrying out monitoring and inspection activities for the implementation of the Regulation on Environmental Noise Control , imposing administrative sanctions in case of violation of this Regulation and transmitting the results of the inspection and administrative sanctions to the provincial directorates, the Ministry of Environment, Urbanisation and Climate Change must be ‘delegated authority ’ in accordance with the Environmental Law.

In addition, another issue specified in the Environmental Noise Control Regulation is that in case of violation of the provisions of this Regulation 3 times within the same calendar year, the music broadcasting permit of the place (workplace) in question is cancelled by the Provincial Directorate. The workplace whose music broadcasting permit has been cancelled may reapply for a music broadcasting permit after 2 calendar years.

Appeal Against Administrative Fine Due to Unauthorised and Noisy Music Broadcasting in the Venue

Appeals against administrative fines can be made in two different ways. If there is a sanction decision in addition to the fine in question, the competent court for the appeal is the Administrative Court. If the penalty is only a fine, the competent court is the Criminal Court of Peace. If there is no additional sanction decision, such as sealing the place, etc., the objection must be made to the Criminal Court of Peace within 15 days at the latest from the notification.

According to Article 25 of the Environmental Law No. 2872, an action for cancellation of the administrative sanction decisions under this law may be filed with the Administrative Court within 30 days at the latest following the notification of the decision. This lawsuit does not stop the collection of the fine imposed by the administration. (Detailed information about the procedure for appealing or requesting cancellation of administrative fines is given in the article titled ‘Cancellation of Administrative Fine’ ).

Administrative Fine for Unauthorised and Noisy Music Broadcasting in the Venue

Unauthorised and noisy music broadcasting in the venue has a very complex structure due to the systematics of the Law. It is a situation suitable for creating a subject in many legislation such as the Environmental Law, Turkish Penal Code, Administrative Procedure Law, Misdemeanour Law. In order to continue the process without any loss of rights, it would be a very healthy decision to get the support of an experienced lawyer.

As Güneş & Güneş Law Office, we have a deep knowledge in the field of offences under the Environmental Law and Turkish Criminal Code with our 25 years of experience. We aim to achieve the best result for our clients by developing a meticulous examination and a strong defence strategy at every stage of the cases. The experience we have gained over the years enables us to analyse not only the legal processes but also the key factors that will influence court decisions. In addition, our expertise in administrative law guides us in providing our clients with a fair trial process. Each case requires a unique and careful defence approach and we strive to manage this process in the most effective way.

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Especially in sensitive matters such as violation of personal rights, privacy, commercial rights or protection of copyrights, timely interventions are of vital importance. In such legal cases, it is possible to manage the processes correctly, prevent loss of rights and develop the most appropriate strategies with the support of an expert lawyer.

Providing legal services with its expert staff, Güneş & Güneş Law Office offers effective and strategic solutions to its clients in a wide range of legal issues, especially in the digital world. We are ready to provide the support you need in legal matters such as protecting your individual rights or securing the assets of your business. With 25 years of experience, we are at your side to produce solutions to all your legal problems.

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