Turkey: Draft Regulation On Internet Broadcasting

Last Updated: 3 October 2018
Article by Erdem Aslan and Devlet Çağla Nizam

The Draft Regulation on Radio, Television and On-Demand Broadcasting Provided Through the Internet Platform ("Draft") which has been drafted under the Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Broadcasting Services ("Law No. 6112") and the Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting ("Law No. 5651"), in order to determine the procedures and principles in relation with the radio, television and on demand broadcasting services through the internet and the transmission of these services has been disclosed for public opinion on September 27, 2018 on the website of the Radio and Television Supreme Council ("RTSC").

The Scope of the Draft

The Draft covers the radio, television and on demand broadcasting services through the internet, private media service providers offering these broadcasting services, and platform operators providing the transmission of such broadcast services and regulates that (i) individual communication services, (ii) platforms that are not dedicated to transmitting radio, television and on demand media services through internet platform, (iii) real and legal persons who only provide hosting to radio, television and on-demand broadcasting services are not within the scope of and therefore are not subject to the regulations introduced therein. In this respect, as per the wording of the Draft, the following activities and services may be deemed exempted:

  • Individual communication: Although the definition included in the Draft is not clear, the communication activities between the individual parties such as chatting, posting images, texts, footages or voice records via closed communication or on a timeline (basically activities of the individual social media users)
  • Multipurpose platforms: Platforms that are not exclusively dedicated to transmitting radio, television and on-demand broadcast services through internet
  • Hosting service: Those, who provide hosting services for radio, television and on-demand broadcast activities (this extends to the infrastructure service providers such as cloud providers, but not to the service providers that provide hosting platforms for the content publishing activities but)

Draft also regulates that the provisions of the Draft shall be applicable for (i) media service providers under another country's jurisdiction, which are detected by RTSC while operating contrary to the provisions of the Law No. 6112 and international treaties at which Republic of Turkey is a party of and which are within the framework of the RTSC's jurisdiction, even though the host and content providers are located out of Turkey and (ii) broadcasting services of broadcast entities which broadcast to Turkey in Turkish language on internet or which includes commercial communications broadcasting for Turkey even though the broadcasting language is not Turkish.

License Requirement

Draft regulates that media service providers, which prefer to provide radio, television and on-demand broadcasting services only on internet, shall obtain a broadcast license from RTSC. However, the media service providers which already have the right of temporary broadcasting and/or broadcast license from the RTSC, can carry out such operation on internet in accordance with the provisions of Law No. 6112 and Law No. 5651, on condition that they notify RTSC regarding the URL addresses and/or the platform operator related to transmission of the broadcasts and obtain RTSC's approval in this regard.

As limited by the Draft, a media service provider may only provide one radio, television and on-demand broadcasting service and is obliged to obtain separate licenses for each service. In this respect, a media service provider shall obtain license for each broadcasting operation provided via separate platform and each streaming operation provided via separate channels. On the other hand, Draft requires separate licenses to be obtained regarding each individual broadcast technique and platform for providing the internet broadcasts on cable, satellite, terrestrial and through such platforms.

Platform operators shall obtain broadcast transmission license from RTSC to transmit radio, television and on-demand broadcast services on internet.

As of the effective date of the Draft:

  • Real and legal persons providing radio, television and on-demand broadcasting services through internet and without any broadcasting license and/or right in line with the relevant legislation regarding terrestrial, satellite, cable or other types of broadcasting and which provide broadcasting also through internet may continue their broadcasting operations, provided that they apply to RTSC and present required information within 1 (one) month.
  • Real and legal persons providing radio, television and on-demand broadcasting services through internet and without any broadcasting license and/or right in line with the relevant legislation regarding terrestrial, satellite, cable or other types of broadcasting may continue providing broadcasting services until the granting of a broadcasting license is completed in case they apply for an internet broadcasting license within 1 (one) month. (In case they do not apply for an internet broadcasting license within this period, or they do apply for an internet broadcasting license, but they do not complete the required documents within the time granted by RTSC, RTSC may take the actions, explained under the 'Services Provided Without License' Section, below)
  • The platform operators providing the transmission of internet broadcasting services shall apply to RTSC within 1 (one) month. (In case they do not apply for an internet broadcasting transmission license within this period, or they do apply for an internet broadcasting license, but they do not complete the required documents within the time granted by RTSC, RTSC may take the actions, explained under the 'Services Provided Without License' Section, below)

License Types

Depending on the service type, media service providers shall be provided with (i) INTERNET- RD license for radio broadcasting through internet, (ii) INTERNET-TV license for television broadcasting through internet, (iii) INTERNET- IBYH license for on-demand broadcasting through internet.

License Fees1

Broadcasting license fees regulated under the Draft are as follows:

  • Broadcasting license fee for INTERNET-RD is TRY 10,000.00
  • Broadcasting license fee for INTERNET-TV is TRY 100,000.00
  • Broadcasting license fee for INTERNET-İBYH is TRY 100,000.00
  • Thematic broadcasting license fees for online teleshopping is calculated as fivefold of the abovementioned fees
  • Media service providers that provide broadcasting services for a fee and/or subscription and on conditional access basis shall pay 0.5% of the annual net sales to RTSC until the end of April of the following year

Internet broadcasting transmission license fees regulated under the Draft are as follows:

  • Fee for obtaining internet broadcasting transmission license is TRY 100,000.00
  • Internet broadcasting platform operators who provides conditional access shall pay the 0.5% of the annual net sales to the RTSC until the end of April of the following year.

Requirements and Application for License

  • Internet broadcasting licenses shall be exclusively granted to joint-stock companies, which are established in accordance with the provisions of the Turkish Commercial Code. Internet broadcasting license applications shall be made with the following documents:
    • Statement of claim addressed to RTSC addition to filled and signed application forms
    • Turkish Trade Registry Gazette regarding the Articles of Association and the amendments (if any),
    • Financial advisor report showing that the capital amount is paid,
    • Turkish Identity Number, declaration of place of residence and not having a judicial record, notary approved copy of passport for foreign nationals of partners, members of board of directors, general manager and managing director and assistant general manager (if any),
    • Decision of the Board of Directors regarding the logo and/or the call sign to be used with a copy of documents showing the application and/or right of ownership in this regard,
    • Signature circular of persons authorized to represent,
  • Internet broadcasting transmission licenses shall be exclusively granted to the limited or joint-stock companies established in accordance with the provisions of the Turkish Commercial Code. Internet broadcasting transmission license applications shall be made with the following documents:
    • Statement of claim addressed to RTSC addition to filled and signed application forms
    • Turkish Trade Registry Gazette regarding the Articles of Association and the amendments (if any),
    • Turkish Identity Number, declaration of place of residence and not having a judicial record, notary approved copy of passport for foreign nationals of partners, members of board of directors, general manager and managing director and assistant general manager (if any),
    • Signature circular of persons authorized to represent,
    • Information and documents regarding the conditional access system

It is regulated that RTSC will evaluated the aforementioned applications in accordance with the Law No. 6112 and applicable legislation, upon the application. However, Draft does not foresee any time limit for the evaluation to be made by RTSC and/or approval period.

Further technical criteria regarding the provision and transmission of broadcasting services on internet can be determined by RTSC by considering national and international standards and technological developments.

Services Provided Without License

In case RTSC determines that the broadcast services or broadcast transmission services are provided without having internet broadcasting or internet broadcasting transmission license, RTSC publishes an announcement on the website and notify such service providers of the following matters:

  • Services may be continued for 3 (three) months, in case application for license is made with the advance payment of 3 (three) months license fee
  • In case the application is not completed within the mentioned period services may continue for additional 3 (three) months in case application for license is made with the advance payment of 3 (three) months license fee
  • RTSC will file a request to criminal court for the removal of content and/or access blocking and further file a criminal complaint in case application and payment is not submitted and services are not suspended within 72 (seventy-two) hours following the announcement

Significant Obligations

Media service providers and internet broadcast platform operators shall be subject to the RTSC's content's regime, which is regulated under the Law No. 6112 and censuring alcohol, tobacco products, drugs, gambling and nudity; and further obligation set forth under the Draft such as providing access to RTSC and informing.

Conclusion

The service providers that are providing audial and/or visual broadcasting services, addressed to Turkish market or users located in Turkish territory, such as broadcasting training programs, podcasts and amateur radio programs should analyse their services under the Draft; and either proceed in accordance with the Draft to obtain the necessary licences and otherwise comply with the regulations introduced thereof or modify their services, in a way ensuring that they are not falling under the scope thereby.

Since the license application period is too short (1 month) for existing service providers, service providers providing the relevant services should be able to take quick actions. In any case, it should be noted that it is not required to immediately establish a company within Turkey and instead the relevant service providers may first apply to RTSC for obtaining the license and then establish their company pursuant to the Draft and take the other necessary compliance measures.

Footnote

1 License fees will be annually determined and announced by RTSC and RTSC will increase such license fees in accordance with the revaluation ratio that is annually designated and announced by the Ministry of Treasury and Finance.

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.

Authors
Erdem Aslan
Similar Articles
Relevancy Powered by MondaqAI
Gokce Attorney Partnership
GSI Meridian
 
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
Gokce Attorney Partnership
GSI Meridian
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must 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.

Disclaimer

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.

General

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