Turkey: Regulation On The Presentation Of Radio, Television And Optional Broadcasts On The Internet

Last Updated: 22 August 2019
Article by Emre Muhtaranlar

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions