Regulation on the Presentation of Radio, Television and Optional Broadcasts on the Internet

The Regulation on the Presentation of Radio, Television and Optional Broadcasts on the Internet was published in the Official Gazette dated 01.08.2019. The Regulation shall enter into force on 01.09.2019.

Scope and Definitions

This regulation covers the provision of radio, television and on-demand broadcasting services on the internet, and private media service provider organizations providing these broadcasting services on the internet and platform operators providing the transmission of these broadcasting services.

To summarize, the ways in which interpersonal audiovisual interaction and communication can be achieved are outside the scope of this regulation. Platforms that are not specific for transmitting radio, television and on-demand broadcasting services over the internet and only natural and legal persons providing radio, television and on-demand broadcasting services are not considered as platform operators in the implementation of the Regulation.

The broadcasts offered by the media service providers, which are legal entities that have editorial responsibility for the selection of the content of radio, television and on-demand broadcasting services and decide on the form of broadcasting of this service, are covered by this regulation.

On-demand broadcasting service is described in the regulation as a broadcasting service where programs other than individual communication services are monitored or listened to at a time of the user's choice and / or a program catalog arranged by the media service provider upon individual request.

However, there is no definition in the regulation on the concept of platform operators providing transmission services.

Issues Regulated

According to the Regulation, media service providers having temporary broadcasting rights and / or broadcasting licenses from the Supreme Council shall be able to present these rights and licenses and broadcasts on the internet in accordance with the provisions of Law No. 6112 and Law No. 5651 and the relevant provisions of this Regulation.

With this arrangement, the country's jurisdiction under the media service provider or platform of the operator of broadcasting services to the transmission through the internet broadcasts directed at Turkey by Turkish internet media or broadcast language broadcasting services broadcast giving way to commercial communications broadcasting for Turkey organizations including but not Turkish RTUK control will be placed under.

While commercial communications must not only Turkish language broadcasting services together are sought for commercial communications to broadcasting organizations that broadcast location for Turkey. In other cases, commercial communication is not required. A fee or fee for audio or silent images designed to directly or indirectly promote the product, service or image of an economic or natural person engaged in an economic activity, including commercial communication, radio and television advertising, program support, tele-shopping and product placement. or with a program for the purpose of self-introduction.

Within the scope of this regulation, media service providers who want to provide broadcasting services only on the internet are required to obtain "broadcasting license on the internet" from the Supreme Council, and platform operators who wish to transmit the internet on the internet shall obtain "broadcasting transmission authority" from the Supreme Council.

The same media service provider may only provides a radio, a television and an on-demand broadcast service, but must obtain separate broadcast licenses for these services. If the media service provider which is broadcasts via the internet only within the scope of the broadcasting licence wishes to from cable, satellite, terrestrial and similar media, it must obtain a broadcast license for each broadcasting technique and environment separately.

If it is determined that the broadcasting services are provided by the platform operators who do not have a broadcast license on the internet or that the broadcasting services are carried out by the platform operators who do not have the broadcast transmission authority, the relevant organizations and operators shall be informed that they should apply for a license or transmission authorization. If the application is not made and the broadcast license fee corresponding to three months is not paid in advance or the broadcasting services are not terminated within seventy-two hours following this announcement, the Supreme Council shall remove the content from the magistrate's criminal judge in accordance with the second paragraph of Article 29 / A of the Law no. 6112 and and / or denounce access, and may also file a criminal complaint against members of the board of directors and general manager of real persons or legal entities who broadcast.

Licenses to be granted for broadcasting licenses and other broadcasting services through the internet shall be given to stock companies established in accordance with the provisions of the Turkish Commercial Code. This also means that licenses will not be given companies for not established according to Turkish laws in Turkey.

Real persons and legal entities providing radio, television and on-demand broadcasting services on the internet shall continue to provide broadcasting services until the completion of the issuing of broadcasting licenses within one month from the date of entry into force of the regulation on 01.09.2019.

Radio broadcasting license fee over the internet is 10,000,00 Turkish Liras; the cost of television broadcasting license over the internet is 100.000,00 Turkish liras; optional broadcast license fee is 100.000,00 Turkish Liras. Media service providers that offer broadcast services to subscribers and / or users for a fee and through conditional access are required to pay five per thousand of their annual net sales.

Content Control

Although sanctions for publishing and / or denying access to broadcasting content for broadcasters without a broadcast license are regulated in the Regulation, there is no direct regulation on content control. However, Article 5 of the Regulation states that "the publication may be made in accordance with the provisions of Law No. 6112". This statement raises the question of whether content control can be performed for the broadcasting service provider organizations and if so, what kind of sanctions may be applied.

Article 8 of the Law No. 6112 on the Establishment and Broadcasting Services of Radio and Television sets the conditions related to the content of the broadcasts and the administrative sanctions applicable to the broadcasting organizations that are contrary to the paragraphs of this article are regulated separately in Article 32. According to the law, administrative measures such as administrative fines and / or discontinuation of the publication may be decided in case of violation of certain clauses of the content regulation, and in case of repeated violations in the numbers written in the law, the cancellation of the broadcasting license may be decided.

Yours Sincerely,
Muhtaranlar Attorney Partnership
Att. Emre Muhtaranlar