Nowadays one of the most controversial topics in the global regulatory debate on electronic communications is whether Over-the-Top ("OTT") streaming media services should be regulated or not.
This article explains why countries are so eager to regulate OTT services. This leads on to a discussion on the amendment of the Broadcasting Law 29/A that entered into effect in the first quarter of 2018 in Turkey. The new article tasks the Television Supreme Council and the Information and Communication Technologies Authority with drawing up secondary legislation.
These authorities have concluded their task and their draft Regulation on Radio, Television and on Demand Broadcasting Services on the Internet has been recently published on the website of the Radio and Television Supreme Board.
As was expected, the draft regulation makes the RTUK the supervisor of the television channels and platforms that broadcast on the Internet. This supervisory role might under certain conditions also cover foreign entities that broadcast on the internet as they will also be subject to the obligation of obtaining a licence from the TSC.
This article scrutinizes the obligations of the services providers that are set out in the draft regulation using a comparative approach to OTT regulations around the world.
In conclusion, this article strives to bring some degree of clarity for entities wishing to produce broadcast internet content in Turkish or aimed at persons in Turkey, in order to avoid potential restrictions or penalties that may arise from non-compliance with the secondary regulation.
Please click for the full version of the article which is published in the Network Industries Quarterly.
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