TMT Comparative Guide -

1 Legal and enforcement framework

1.1 Which legislative and regulatory provisions govern the following in your jurisdiction: (a) Telecommunications; (b) Internet; (c) Media and (d) Social media?

(a) Telecommunications

The Electronic Communications Law (5809) regulates the telecommunications sector in Turkey.

In general, the Electronic Communications Law covers:

the provision of electronic communications services and the construction and operation of the infrastructure and the associated network systems thereof;
the manufacture, import, sale, construction and operation of electronic communications equipment and systems; and
the planning and assignment of scarce resources including frequency, and the regulation, authorisation, supervision and reconciliation activities relating to such issues.

The following regulations and instruments also apply:

the Electronic Signature Law (5070);
the Regulation on Processing and Protection of Personal Data in the Electronic Communications Sector;
the Regulation on Access and Interconnection;
the Regulation on Spectrum Management;
the Regulation on the Network and Information Security in the Electronic Communications Sector;
the Regulation on Consumer Rights for Electronic Communications Sector;
the Regulation on Authorisation in Electronic Communications Sector;
Presidential Circular 2019/12 on Information and Communication Security Measures; and
sector-specific communiqués and relevant authorities' decisions.

General laws and regulations also have relevance, such as:

the Commercial Code (6102);
the Capitals Markets Law (6362);
the Law on the Regulation of E-commerce (6563);
the Law on the Protection of Personal Data (6698); and
the Criminal Procedural Law (5271).

(b) Internet

The most comprehensive internet-related statute is the Law on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication (5651) (‘Internet Law').

In addition, the following regulations govern the Internet in Turkey:

the Regulation on the Procedures and Principles Regarding the Regulation of Broadcasts on the Internet;
the Regulation on Internet Mass Use Providers, which sets out the liabilities and obligations of internet mass use providers (eg, employers are subject to this regulation if they provide internet access to employees in the workplace); and
for cybercrime, the Criminal Code.

Other related regulations include:

the Law on the Protection of Personal Data (6698), which is particularly relevant since a significant proportion of the data collected through the Internet is personal data;
the Law on the Regulation of Electronic Commerce (6563), which governs e-commerce platforms and digital marketing;
the Law on the Protection of Competition (4054), which applies to digital platform markets in Turkey; and
the Law on Intellectual and Artistic Works (5846), which protects IP rights on the Internet and guards against piracy.

In addition, in May 2022, the government issued the Law Proposal Amending the Press Law and Certain Other Laws (‘Anti-disinformation Law'), which would amend:

the Internet Law;
the Electronic Communications Law;
the Criminal Code; and
the Press Law.

The Anti-disinformation Law was approved by the Grand National Assembly of Turkey on 13 October 2022 and became effective as of 18 October 2022.

(c) Media

The key regulations governing the media sector in Turkey are:

the Law on the Establishment and Broadcasting Services of Radio and Television Enterprises (6112);
the Radio and Television Law (2954);
the Regulation on Broadcasting via Cable Networks (27965);
the Regulation on Broadcasting via Satellite (27965);
the Regulation on Broadcasting via Terrestrial Licence and Tender Procedures (28462);
the Regulation on Broadcasting Radio, Television and On-demand via Internet (30849);
the European Convention on Transfrontier Television;
the Law on Radio and Television Incomes (3093); and
the Internet Law.

(d) Social media

Most of the regulations mentioned in question 1.1(b) also apply to social media.

The Internet Law sets out the rules governing social media; while Decision 2020/DK-İD/274 imposes obligations on social network providers.

In May 2021, the Ministry of Commerce published the Guidelines on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers, which determine the procedures and rules on commercial advertising by social media influencers.

In addition, the recently introduced and adopted Anti-disinformation Law includes provisions that affect social network providers.

1.2 Which bodies are responsible for enforcing the applicable laws and regulations in the relevant sectors? What powers do they have?

(a) Telecommunications

The key authorised bodies are:

the Ministry of Transport and Infrastructure;
the Information and Communication Technologies Authority (ICTA); and
the Digital Transformation Office.

Although the Ministry of Transport and Infrastructure mainly has policymaking powers, the ICTA is the most influential body with regulatory and executive powers.

The Ministry of Transport and Infrastructure has the following powers and duties:

setting strategies and policies regarding electronic communications services which are based on scarce resources such as numbering, domain names, satellite positions and frequency allotment;
determining objectives, principles and policies to encourage the development of the electronic communications sector in the free competitive market, and to support the transition to an information society;
determining policies on the construction and development of electronic communications infrastructure, networks and services in accordance with technical, economic and social needs, in harmony with the national security objectives and the public interest, and towards ensuring their operation in a complementary manner;
contributing to the creation of policies to develop the electronic communications equipment industry;
taking measures to encourage the domestic production of electronic communications equipment;
representing the state or giving authorisation to represent the state in international associations and organisations regarding electronic communications;
conducting and having third parties conduct the necessary research for determining and implementing electronic communications policies;
taking necessary measures and performing coordination to ensure the continuity of electronic communications in the case of natural disasters and extraordinary situations;
planning electronic communications services in the case of extraordinary situations and at war; and
encouraging the domestic design and production of electronic communications systems, and promoting research, development and training in relation to the sector.

The ICTA has the following powers and duties:

regulating to create and protect competition, and to eliminate practices that are obstructive, disruptive or limitative for competition;
imposing obligations on operators with significant market power in the relevant markets and on other operators where required, taking the necessary measures;
inspecting breaches and imposing sanctions;
making arrangements pertaining to the rights of subscribers, users, consumers and end users, as well as to the processing of personal data and protection of their privacy;
conducting dispute resolution procedures between operators where necessary and taking the necessary measures;
following developments in the electronic communications sector;
planning and allocating frequencies, satellite positions and numbering necessary for the provision of electronic communications services, and the installation and operation of electronic communications networks and infrastructure;
performing necessary regulations and inspections;
supervising radio systems and determining the scope of commercial secrets;
obtaining information and documentation that are deemed necessary;
determining and transferring funds, which do not exceed 20% of income, to the Ministry of Transport and Infrastructure for purposes relating to research, development and training in the electronic communications sector;
determining general criteria and implementation procedures and principles regarding tariffs to be imposed;
approving reference access offers;
determining the provisions and conditions for authorisations and supervising their implementation and conformity;
conducting frequency planning, assignment and registration procedures;
ensuring the publication and implementation of the harmonised national standards for systems and equipment, and creating technical regulations;
coordinating the authorisation of institutions that will conduct installation, measurement, maintenance and repair activities;
conducting market analyses to determine the relevant market and operators with significant market power in the relevant markets;
determining procedures and principles regarding fees;
inspecting operators and the quality and standards of their services, and taking necessary measures;
drafting regulations prescribed by the legislation; and
enacting bylaws, communiqués and other secondary regulations.

(b) Internet

The ICTA is also the primary regulator for the internet sector. The ICTA can impose sanctions on internet actors for non-compliance with regulations. Courts, public prosecutors and the ICTA may issue blocking orders.

The Access Providers Association, established in 2014 under the Internet Law, is responsible for implementing access-blocking decisions and processing user complaints regarding personal rights and privacy.

As for violations of the Competition Law, the Competition Authority has the authority to supervise and impose fines on internet actors.

(c) Media

The Radio and Television Supreme Council (RTSC) is an autonomous and impartial public legal entity that rules and supervises broadcast media advertising.

To achieve its primary objectives, the RTSC:

monitors and supervises the broadcasts of media service providers;
designs and implements television channel and radio frequency planning within the framework of frequency bands for terrestrial radio and television broadcasts;
determines the required administrative, financial and technical standards for a broadcast licence, grants broadcast licences, supervises the holders of such licences and revokes broadcast licences when needed; and
performs other functions and exercises its powers as determined by the Broadcasting Law.

Another regulatory entity, the Advertising Board, is established under the Ministry of Trade and is responsible for controlling advertising in all media, including television, radio, and the Internet. The Advertising Self-Regulatory Board is the primary advertising self-regulatory body.

(d) Social media

Social media providers fall under the supervision of the ICTA.

Social media providers with daily traffic of more than 1 million must appoint at least one Turkish representative in Turkey and notify the ICTA of its representative. Otherwise, the ICTA imposes layered sanctions on social network providers. Such layered sanctions include the following respectively:

Fines: First, the ICTA will warn the social network provider to appoint a representative. If the social network provider does not appoint a representative within 30 days of the date of notification, the ICTA will impose an administrative fine of TRY 10 million on the social network provider. If the social network provider fails to comply with such obligation within 30 days of the date of the administrative fine, it will be subject to an additional administrative fine of TRY 30 million.
Ad bans: If the social network provider again fails to appoint a representative within 30 days of receiving the second administrative penalty:
- natural and legal taxpayers residing in Turkey are prohibited from posting new ads on the relevant social network; and
- the social network provider cannot establish new contracts and cannot transfer money related to it.
Decrease in internet traffic bandwidth: If the social network provider once again fails to appoint a representative within three months of the ad ban decision, the ICTA may apply to court for a decision to reduce its internet traffic bandwidth by 50%.

1.3 What is the general approach of those bodies in regulating the relevant sectors?

The ICTA acts meticulously and proactively monitors the compliance of sector actors with the telecommunications, internet and social media laws.

Telecommunications: In the telecommunications sector, the ICTA requires authorisation for certain services. Furthermore, it will revoke this authorisation if an operator has provided no services for three years after obtaining the authorisation.

Media: In the media sector, media service providers and internet broadcast platform operators fall under the supervision of the RTSC. Under the Broadcasting Law, media service providers have the right to freely determine content and transmission. In other words, they are not required to intervene and supervise in advance the content that they broadcast.

As the systems established by the RTSC for monitoring television and radio broadcasts do not reflect the latest technological developments, the RTSC decided to launch the Digital Recording and Archiving System project to monitor, record and archive radio and television broadcasts in the digital environment. The system is operational 24 hours a day, and broadcasts are recorded and archived uninterruptedly by technical staff who work in shifts.

Radio and television broadcasts are controlled in three ways:

direct control by RTSC experts;
audience control through complaints submitted to the ALO 178 RTSC Communication Centre, the RTSC website and by email to the RTSC; and
self-control of broadcasting organisations in the context of audience representation and publication of ethical principles.

The RTSC cannot interfere with programmes before they are broadcast, but can monitor them after broadcast. Decisions of the RTSC may be brought before the administrative courts.

Social media: The ICTA has fined Facebook, Instagram, Twitter, Periscope, YouTube, TikTok, Pinterest, LinkedIn and Dailymotion TRY 10 million each for failure to notify it of their appointed representatives after the expiry of the legal period to do so. The ICTA then gave these companies an additional 30 days to remedy the situation. However, as they once again failed to do so, the ICTA fined each of them TRY 30 million. After this second fine was imposed, the social network providers agreed to appoint representatives in Turkey.

On 20 October 2022, the Competition Board imposed an administrative fine of over TRY 346 million on Meta Platforms, Inc for violating the Competition Law. According to the Competition Board, Meta had abused its dominant position by:

combining data collected from its core services – Facebook, Instagram and WhatsApp;
preventing entry into the market; and
complicating the operations of competitors in the online display advertising markets with personal social networking services.

1.4 What other industry codes of conduct or best practices are applicable in the relevant sectors?

(a) Telecommunications

The Electronic Communications Industry Service Quality Regulation specifies how operators should operate and provide services in compliance with local, national and international standards for service quality and/or infrastructure companies.

According to the regulation, businesses are expected to:

ensure that electronic communication services adhere to international standards and requirements while taking into account dynamic market situations;
support procedures that increase customer satisfaction and resolve complaints;
treat users in similar locations equally and provide the same service to them at the same degree of quality; and
take into account particular circumstances such as user accessibility to emergency numbers and the needs of disabled users, while developing service quality requirements.

(b) Internet

Content providers, hosting providers, access providers and mass use providers are subject to the Internet Law.

Content, hosting and access providers must keep their introductory information up to date and accessible to users on their own internet media.

In addition, online news sites have certain obligations under the Anti-disinformation Law. They must display the business address, trade name, email address, contact phone number and electronic notification address, and the name and address of the hosting provider under the "Contact" heading of the relevant website, in a way that users can directly access from the home page.

(c) Media

Media service providers must provide their services in line with an understanding of public responsibility.

Media services must:

not violate the existence and independence of the state, the indivisible integrity of the state with its country and nation, or the revolutions and principles of Atatürk;
not inflame society to hatred and hostility by discriminating based on race, language, sex, class, region, religion and sect, or foment hatred within society;
not be contrary to the rule of law and the principles of justice and impartiality;
not be contrary to human dignity and the principle of the privacy of personal life;
not include humiliating, derogatory or defamatory expressions against persons and entities/organisations beyond criticism;
not praise or encourage terrorism, depict terrorist organisations as powerful or righteous, or portray terrorist organisations' intimidating and deterrent qualities. They cannot present acts, perpetrators and victims of terrorism in the form of serving the interests of terrorism;
not contain and encourage broadcasts that discriminate based on race, colour, language, religion, nationality, sex, disability, political or philosophical views, sect or similar reasons, or contain and encourage broadcasts that humiliate persons;
not be contrary to the national and moral values of Turkish society, general morality and the principle of family protection;
not praise the commission of crime, criminals or criminal organisations, or teach criminal techniques;
not contain and encourage the abuse of children or powerless and disabled people, or incite violence against them;
not encourage the use of addictive substances such as alcohol, tobacco and narcotics, or gambling;
predicate on the principles of impartiality, truthfulness and accuracy, and not impede the free formation of opinions in the society. News that can be investigated pursuant to the professional principles of the press must not:
- be broadcast without investigation or verification; or
- provide exaggerated sounds and images, or any effects or music other than natural sounds.
Archive or re-enactment images must be indicated as such; and the source of news obtained from agencies or other media sources must be stated;
not present or declare anyone as guilty unless conclusively proven guilty by a judicial decision;
not be capable of affecting the trial process and impartiality, other than being newsworthy during the judgment process in cases that have been passed to the judiciary;
not contain any elements that would cause unfair competition and serve unfair interests;
not be biased towards or favour political parties or democratic groups;
not encourage acts that would jeopardise the general health and/or protection of the environment and animals;
ensure that the Turkish language is used correctly, well and comprehensibly, without undermining its characteristics and rules, and not make crude, inferior or slang use of the Turkish language;
not be obscene;
respect the rights of people and institutions/organisations to reply and rectification;
not contain contests or lotteries via information communication media, award prizes to listeners or viewers, or act as an intermediary for the award of prizes;
ensure that surveys and public opinion polls that have been arranged or commissioned by the media service provider take place before a notary public from the preparatory stages until announcement of the results;
not exploit people by way of fortune telling or superstitions;
not contain programmes that are contrary to social gender equality, encourage pressure/oppression on women or exploit women; and
not encourage or incite violence.

(d) Social media

Social network providers must immediately inform the ICTA of any changes to the appointed representative within 24 hours at the latest.

In addition, social network providers must, within 48 hours at the latest, respond affirmatively or negatively to requests for the removal of content that violates the rights or privacy of an individual. If the social network provider refuses to fulfil the request, it must have reasonable grounds to do so.

Social network providers must:

ensure that the applications to be made by individuals can be easily received; and
allow individuals to submit applications in Turkish. Applications made in Turkish must be answered in Turkish.

Social network providers must also send reports to the ICTA about:

statistical and categorical information on the implementation of content removal and/or access blocking decisions; and
requests notified to them over a six-month period.

These reports must be cleaned of personal data and published on the social network provider's websites. Local or foreign-based social network providers must take the necessary measures to host user data in Turkey.

Social network providers must:

take the necessary measures to host locally the data of users in Turkey regarding basic user information and the issues to be notified by the ICTA;
establish effective mechanisms to cooperate with the ICTA to remove hashtags and featured content on receiving a warning; and
meet other obligations, including the obligation to take the necessary measures to provide child-specific segregated services.

Social network providers must provide the legal authorities with all necessary information to track down perpetrators who create and distribute internet content that is the subject of certain crimes set out in the Criminal Code. In case of breach of this obligation, the bandwidth may be reduced by 90%.

Social media influencers are subject to certain rules on advertising posts (including photos, videos and messages) that they share on social media. According to the Guidelines for Influencers, social media influencers must clearly state the content of the promotion (eg, advertising, sponsorship, collaboration, giveaway) when promoting a product or service.

2 Ownership

2.1 Who is eligible to provide services in the following sectors in your jurisdiction? Are there any restrictions on foreign ownership? Do any domicile requirements apply? What other requirements or restrictions apply in this regard: (a) Telecommunications; (b) Internet; (c) Media and (d) Social media?

(a) Telecommunications

According to the Regulation on Authorisation for the Electronic Communications Sector, an organisation must be duly established as a limited liability or joint stock company to obtain authorisation from the Information and Communication Technologies Authority (ICTA) in the telecommunications sector. There are no restrictions on foreign ownership, so a foreign entity or individual can be the sole shareholder of the company.

(b) Internet

There are no restrictions on foreign ownership in Turkey. However, there is a domicile requirement to obtain authorisation from the ICTA: organisations must be incorporated as a joint stock company or limited liability company in accordance with Turkish law. Please see question 3.1(b) for detailed information on licence and authorisation requirements.

(c) Media

Legal entities that have editorial responsibility for selecting the content of radio, television and on-demand broadcasting services and deciding on the arrangement and broadcasting of this content are called ‘media service providers'.

Under Law 6112, media service providers must be established as joint stock companies in order to obtain a broadcasting licence. The exclusive purpose of the joint stock company must be the provision of radio, television and on-demand broadcast services. In addition, the shares of such companies must be registered.

However, the following entities are not allowed to apply for a broadcasting licence:

political parties;
unions;
professional associations;
cooperatives;
associations;
societies;
foundations;
local administrations and companies established by them or of which they are direct or indirect shareholders;
stockbroker companies; and
natural or legal persons that are direct or indirect shareholders of these companies.

A single entity or natural person may not directly or indirectly be a shareholder in more than four media companies with terrestrial broadcasting licences. The total market share of the multiple entities in which a single entity or person holds ownership may not exceed 30% of the revenues generated in such a market.

Certain restrictions regarding foreign ownership are stipulated under Law 6112. Foreign ownership in media service providers may not exceed 50% of the paid-in capital of such media service providers. A foreign natural person or entity may directly be a shareholder of a maximum of two media service providers.

If foreign natural persons or entities hold shares in companies that are shareholders of media service providers and become indirect partners of the broadcasting company:

the chair, the deputy chair and the majority of the board of executives and the general director of the broadcasting enterprises must be citizens of Turkey; and
the majority of the votes in the general assemblies of broadcasting companies should belong to natural or legal persons holding Turkish citizenship.

Lastly, foreign shareholders must not own preference shares, as domestic shareholders do not either.

(d) Social media

Foreign-based social network providers with daily traffic of more than 1 million in Turkey are required to appoint a natural person or legal entity representative in Turkey. A natural person representative must be a Turkish citizen.

Moreover, where the foreign-based social network provider has daily traffic of more than 10 million in Turkey, its legal entity representative must be a branch established directly by the social network provider as a capital company in Turkey.

3 Authorisations/licences

3.1 What authorisations and/or licences are required to operate in the following sectors? Do any exemptions apply? Do these vary depending on the service to be provided: (a) Telecommunications; (b) Internet; (c) Media and Social media?

(a) Telecommunications

The Electronic Communication Law stipulates two different types of permission for offering electronic communication services:

notifying the Information and Communication Technologies Authority (ICTA); and
obtaining right-of-use authorisation from the ICTA.

The following services are subject to authorisation:

electronic communication;
electronic communication infrastructure;
electronic communication infrastructure operations;
electronic communication services; and
electronic communication networks.

To obtain licences for any of the above services, organisations must:

inform the ICTA of their intended operations; and
submit the required documents to the ICTA.

If organisations require resource allocations – such as numbers, frequencies or satellite positions – for the electronic communication services that they intend to offer or the electronic communication network or infrastructure they want to operate, they must also obtain a separate right-of-use authorisation from the ICTA.

(b) Internet

The authorisation or licence requirements vary depending on the service to be provided.

Hosting providers must notify the ICTA about their activities.

Internet service providers (ISPs) that provide internet connection must:

be authorised by the ICTA; and
be a member of the Access Providers Association.

Mass use providers for commercial purposes must obtain a permit from the local civil authorities (for more details, see question 3.3).

(c) Media

A ‘broadcasting licence' is a certificate of permission issued separately for each broadcasting type, technique and network by the Radio and Television Supreme Council (RTSC) for media service providers to broadcast using any technology via cable, satellite, terrestrial and similar networks.

Media service providers must apply for a separate licence for each broadcasting technique and network to the RTSC to broadcast through cable, satellite, terrestrial and similar networks. The licence document will indicate the broadcasting technique and network for which the licence has been granted. Organisations requesting to make simultaneous broadcasts on different networks using different techniques must:

apply for separate licences for each broadcasting technique and network; and
provide a simultaneous broadcast.

With regard to online broadcasting, the Regulation on Radio, Television and On-Demand Broadcasts on the Internet outlines licensing requirements for three types of licences:

the INTERNET-RD broadcast licence for online radio services;
the INTERNET-TV broadcast licence for online television services; and
the INTERNET-IBYH broadcast licence for online on-demand broadcast services.

(d) Social media

No specific licence is required to provide social media services.

3.2 What are the key features of such authorisations/licences?

(a) Telecommunications

Operators may offer electronic communication services or establish and operate infrastructure or networks for electronic communications, based on the authorisation they obtain. Based on their right-of-use authorisation, operators can operate nationally, regionally or locally.

(b) Internet

Hosting providers: Hosting notification is mandatory for a hosting provider to officially broadcast over the Internet and host files on its own servers. A list of hosting providers is published on the ICTA's website. Hosting providers that have notified ICTA are also considered safe by users.

ISPs: ISPs that are not members of the Access Providers Association cannot operate.

Mass use providers: If mass use providers for commercial purposes, such as internet cafes, are opened without the permission of the local civil authorities, the local administrations will close and seal ex officio their premises.

(c) Media

A broadcasting licence may only be granted to joint stock companies established under the Commercial Code (6102). A single entity or natural person may not directly or indirectly be a shareholder in more than four media companies with terrestrial broadcasting licences. A foreign entity or natural person may directly be a shareholder of a maximum of two media companies.

Foreign ownership of media service providers may not exceed 50% of the paid-in capital of such media service providers.

(d) Social media

No licence is required to provide social media services.

3.3 What are the procedural and documentary requirements to obtain such authorisations/licences?

(a) Telecommunications

The applicant must complete the notification form on the ICTA's website. It must also include several supporting documents, such as:

a notarised circular of signature;
the company's trade registry registration;
the contact information and archived criminal records of any shareholders holding at least 10% of the company's shares; and
the company partnership structure.

(b) Internet

Hosting providers: Hosting providers can submit a hosting services notification to the ICTA through the Hosting Provider Notification Interface on the ICTA's official website.

The applicant must provide:

its personal information such as its name, trade name, address, telephone number, tax number, trade registry number and website; and
its representative's name, surname, identification number, email and phone number.

Hosting providers must also provide details of:

the type of service they will provide;
the expected capacity of the service;
the total bandwidth available or planned for the types of services they will provide;
the names of the access providers they will use;
the IP blocks they will use;
the number of domains hosted; and
details of whether they will provide hosting services for commercial purposes or for in-house purposes.

They must also present:

a hard-copy signed application letter;
the original or a notarised copy of their trade registry record obtained in the last six months;
the original or a notarised copy of their circular of signature; and
the criminal records of their representatives.

ISPs: ISPs must:

be incorporated as a joint stock company or a limited liability company;
have appropriate fields of activity in their articles of association;
submit archived criminal records of partners; and
have a paid-up capital of at least TRY 1 million.

ISP must submit a notification form attaching all necessary documents, including:

the notarised circular of signature;
the company's trade registry record;
a list of attendees or share book indicating the partnership structure of the company;
criminal records of certain company partners and company officials;
official documents proving that company's registered address has a minimum usage area of 50 square metres;
information on the company's full-time insured personnel;
a certified public accountant's report on the payment of the declared paid-in capital;
documents showing that the company has no tax liability; and
information describing the entire partnership and organisational structure of the company.

To be a member of the Access Providers Association, ISPs must submit:

a membership application form;
a circular of signature;
their ISP authorisation certificate from the ICTA;
a preliminary tax return for the fourth period of the previous year;
their registered email address; and
the personal information of:
- their contact person to whom access-blocking decisions will be communicated;
- their representative(s); and
- the accounting officer(s).

Mass use providers: After obtaining a business and working licence, mass use providers for commercial purposes must apply to the local civil authorities with a petition and the requisite documents – that is:

a copy of the business opening and operating licence;
the fixed IP number;
a Chamber of Merchants and Craftsmen registration certificate;
for natural persons, a copy of their ID card;
a copy of the tax certificate;
a copy of an invoice or licence for filtering software approved by the Presidency of Telecommunication and Communication; and
a copy of the responsible manager's certificate and ID card.

(c) Media

To apply for a broadcasting licence from the RTSC, organisations must submit a petition, an online application form prepared by the RTSC and the following documents:

samples of their Turkish Trade Registry Gazette entry;
a list of the persons authorised to represent them;
a sample of the shareholders' stock ledger or Turkish Trade Gazette showing the last shareholding structure;
copies of the decision of the board of executives in relation to the logo and/or callsign to be used for their services, an application to the RTSC on this issue and/or documents showing the right to ownership of the logo and/or callsign;
the identity card numbers, declaration of residence and a document stating that there is no criminal record for shareholders and directors (an additional notarised copy of the passports of foreign shareholders and board of directors will be required);
the board decision regarding the appointment of board members and the education certificates of persons who are required to graduate from higher education under the regulation;
details of:
- the content of programming services;
- the general broadcast schedule and broadcast times;
- technical infrastructure services;
- purchased and/or rented facilities; and
- tools, equipment and services; and
a statement containing their correspondence address, website address, email address, studio address, telephone and fax information.

(d) Social media

No licence is required to provide social media services.

3.4 What does the authorisation/licensing process involve? How long does it typically take? What costs are incurred?

(a) Telecommunications

An administrative fee equal to 0.35% of the annual net sales must be paid to the ICTA every year by the end of June for operations that are authorised through the notification or right-of-use processes.

(b) Internet

Hosting providers: Hosting providers must notify the ICTA through the Hosting Provider Notification Interface on the ICTA's website before commencing operations. There is no specified timeframe for the application process. Also, there is no cost for the hosting services notification.

ISPs: The ISP authorisation fee consists of administrative and usage rights fees. Every year, the operator pays an administrative fee of 35% per TRY 10,000 of its net sales included in the income statement for the previous year. However, the annual administrative fee cannot be less than TRY 10,000. This minimum annual administrative fee is increased each year by the officially determined revaluation rate. For instance, for 2023, the minimum annual administrative fee is over TRY 50,000.

The ICTA will check for any missing documents or improprieties in the application form within 60 days of receiving it and then notify the applicant to complete and correct them.

Mass use providers: The civil administration finalises the applications of mass use providers. There is no cost for the application and authorisation.

(c) Media

If the RTSC detects any missing information or document, or requires additional information and documents for the licence application, the applicant must submit the requested information and documents to the RTSC within 90 days. If not, the RTSC will not evaluate the licence application.

The fees payable for the necessary authorisation are stipulated separately for cable, satellite and internet broadcasting. These fees are:

increased by the revaluation rate declared each year by the Ministry of Treasury and Finance;
published on the RTSC's website; and
collected in accordance with prevalent tariffs and Law 6112, implemented as of the beginning of January the following year.

There are no specific timeframes for obtaining authorisation from the RTSC.

Satellite broadcast: Ten years of satellite broadcast licence fees are payable by media service providers that are broadcasting on the satellite network in 2022:

Radio broadcasting services: TRY 67,991
Television broadcasting services: TRY 679,910
On-demand broadcasting services: TRY 161,874

Cable broadcast: Ten years of cable broadcast licence fees are payable by media service providers that are broadcasting by cable in 2022:

In one province with a population of less than 1 million:
- Radio broadcasting services: TRY 6,490
- Television broadcasting services: TRY 64,899
- On-demand broadcasting services: TRY 32,388
In one province with a population of more than 1 million:
- Radio broadcasting services: TRY 9,738
- Television broadcasting services: TRY 97,165
- On-demand broadcasting services: TRY 48,555
In multiple provinces:
- Radio broadcasting services: TRY 67,991
- Television broadcasting services: TRY 679,910
- On-demand broadcasting services: TRY 161,874

Online broadcasting: Ten years of online broadcast licence fees are payable by media service providers that will broadcast online for 2022:

Radio broadcasting services online: TRY 18,217
Television broadcasting services online: TRY 182,168
On-demand broadcasting services online: TRY 182,168

3.5 What are the ongoing rights and obligations of the authorisation/licence holder? How is compliance monitored? What penalties may be imposed for breach?

(a) Telecommunications

Authorisation holders must adhere to the requirements regarding the company structure throughout the licence term. The ICTA generally monitors:

the compliance of telecoms operators with the terms of their licence agreements; and
the conformity of the equipment used in personal telecoms facilities.

The ICTA is authorised to impose administrative fines of up to 3% of net sales from the previous calendar year in case of non-compliance with the legislation. If an operator has just commenced activities, the ICTA is authorised to impose administrative fines and other administrative sanctions ranging from TRY 1,000 to TRY 1 million by considering certain factors such as:

the nature of the violation;
whether any economic gain was obtained as a result of the violation;
good faith; and
voluntary reporting.

The administrative fines are increased each year by the officially determined revaluation rate.

Furthermore, the ICTA may also:

temporarily suspend the operator's activities; or
force it to take concrete measures to prevent the infringement in order to protect the public service requirements and public order.

(b) Internet

Hosting providers: In the first week of each month, hosting providers must visit the website https://yersaglayici.btk.gov.tr/, enter their memberships and upload files containing the domain information and hosting information separately to the site through the "Upload Domain Name Information File" section.

Hosting providers with a hosting provider number must remove content that is not approved by the ICTA and prevent access to it. Hosting providers which have notified the ICTA must also agree to share the requested information with legal authorities, where necessary. The ICTA:

has the authority to audit the hosting provider to ensure that it is compliant with its obligations under the Internet Law; and
may impose an administrative fine of between TRY 100,000 and TRY 1 million if the hosting provider does not notify its activities to the ICTA.

ISPs: ISPs must adhere to the requirements regarding the company structure throughout the licence term.

If an ISP does not comply with a content removal and/or access blocking decision of the ICTA, the ICTA may opt to withdraw the authorisation of the relevant ISP.

In addition, ISPs, after receiving authorisation, must become members of the Access Providers Association to begin providing their services.

Mass use providers: The Audit Commission established within the civil administration monitors mass use providers. The local authority will issue a written warning if any mass use provider for commercial purposes violates any of its obligations. If the violation continues, the local authority can decide to close the business for up to three days. In case of repeated violation, the mass use provider may incur an administrative fine of between TRY 1,000 and TRY 15,000.

The administrative fines are increased each year by the officially determined revaluation rate.

(c) Media

Licence holders must notify the RTSC of any transfer of their shares, along with the names and surnames of the shareholders, shareholder structure and vote proportions subsequent to the share transfer within 30 days of the transfer date.

The licence holder must:

obtain permission from the RTSC with all necessary information and documents before the transfer of a company or a merger; and
notify the RTSC of the transfer or merger within 30 days of effecting the transfer or merger process.

Media service providers must appoint a viewer representative with at least 10 years of professional experience for the purpose of:

establishing the co-regulation and self-regulation mechanisms;
evaluating complaints from viewers and listeners;
presenting complaints to the broadcasting board of the enterprise; and
following up on the results.

They must notify their selected viewer representative to the RTSC and announce it by appropriate means to the public.

Private media service providers must keep recordings of each broadcast for one year.

Media service providers that conduct broadcasts in violation of Article 8(1), subparagraphs (a), (b), (d), (g), (n), (s) and (ş) of Law 6112 will be penalised with an administrative fine of between 2% and 5% of the gross commercial communication revenues in the month preceding that in which the violation is found, considering:

the seriousness of the violation; and
the broadcast's medium and area.

If any of the requirements for a broadcasting licence sought under the law is no longer fulfilled, the relevant organisation must take steps to ensure it is once again compliant within 30 days. Otherwise, its broadcasting licence will be suspended for three months. If the requirement is not met during this time, the broadcasting licence of the organisation will be cancelled and its channel and frequency use will be terminated.

3.6 For how long is the authorisation/licence valid? Are variations to the terms possible? How is the authorisation/licence renewed?

(a) Telecommunications

Unless otherwise specified in the Definition, Scope and Duration of Services, Networks and Infrastructures in Electronic Communication document published by the ICTA, the duration of the right to use will be determined by the ICTA for a period of up to 25 years, taking into account the nature of the network and service and the request of the applicant.

(b) Internet

Hosting provider notification is valid for five years. Upon the expiry of this period, the notification must be renewed via the ICTA's website.

The registration remains valid for as long as the ISP is registered with the ICTA.

(c) Media

The term of a broadcasting licence is 10 years.

Media service providers whose broadcasting licence has expired must submit a request to renew the licence and should provide all information, documents and evidence of technical competence requested by the RTSC. The broadcasting licence of service providers that meet these conditions will be renewed by the RTSC for a period of 10 years.

Media service providers must apply to the RTSC at least two months before the end of the licence period for the renewal of the broadcasting licence.

(d) Social media

No specific licence is required to provide social media services.

3.7 Can an authorisation/licence be transferred? If so, what is the process for doing so?

(a) Telecommunications

Operators that wish to transfer, acquire or move 10% or more of their shares must obtain permission from the ICTA. Operators with limited rights of use must also inform the ICTA in relation to share transfers, acquisitions and movements of up to 10% within two months of the transaction.

Mergers and takeovers are subject to the permission of the ICTA, and operators must comply with the authorisation application requirements.

If the merger or takeover will be realised by a company other than the operator, the operator must apply to the ICTA with a notification form and a right-of-use application form to obtain permission for the transaction. The transaction may also be published on the ICTA's website if the ICTA so requires.

Mergers or acquisitions must also be evaluated by the Competition Board in accordance with the Communiqué Concerning Mergers and Acquisitions Calling for the Authorisation of the Competition Authority.

(b) Internet

If the authorisation holder will be taken over by another company, that company must:

fill out the ICTA notification form along with other information and documents requested by the ICTA; and
apply to the ICTA for the transfer of authorisation.

If the company that will take over the authorisation is already authorised by the ICTA, there is no need for a notification form.

If the ICTA permits the transfer of authorisation, the company will be registered within one month of this permission.

4 Telecommunications

4.1 What provisions apply to the construction of telecommunications infrastructure and the installation of facilities on public and private property?

The Electronic Communications Law regulates the telecommunications sector in Turkey. The following activities are subject to the law:

the provision of electronic communications services and the construction and operation of the infrastructure and the associated network systems thereof;
the manufacture, import, sale, construction and operation of all kinds of electronic communications equipment and systems;
the planning and assignment of scarce resources, including frequencies; and
regulatory, authorisation, supervision and reconciliation activities relating to the above.

The Information and Communication Technologies Authority (ICTA) is authorised to conduct the planning and allocation of frequencies, satellite positions and numbering with regard to the installation and operation of electronic communications network and infrastructures. Also, the ICTA is authorised to coordinate the authorisation of organisations that will conduct installation, measurement, maintenance and repair activities.

4.2 Do any universal service obligations apply in your jurisdiction? If so, what are they and how are they funded?

Yes, the Law on Universal Services (5369) regulates the obligations and rules on this matter. The purpose of this law is to govern the provision, implementation and fulfilment in the electronic communication sector of universal services, which have the qualities of a public service but are financially challenging for operators to provide.

Operators must provide the universal services specified, such as:

fixed telephony services;
payphone services;
telephone directory services to be provided in printed or electronic media;
emergency call services;
basic internet services; and
passenger transportation services.

Concession and authorisation agreements or licences and general authorisations may not include provisions that are contrary to the principles set out in Article 3, including the following:

Anybody living in the territory of Turkey, without discrimination on the basis of region or place of residence, should be able to avail of universal services.
Universal services may also be fulfilled with consideration to gross domestic product per capita and must be offered at reasonable prices.
Measures on the pricing and feasibility of technology options must be taken with a view to ensuring that those with lower incomes, the disabled and groups in need of social assistance can also benefit from universal services.
Universal services must be offered to predefined service quality standards.
Continuity is essential to the provision of, and access to, universal services.

According to Article 6 of the Law on Universal Services, the Treasury must notify the Ministry of Transport and Infrastructure of 2% of the authorisation fee deposited in its accounts due to the authorisation provided by the ICTA by the end of the month following the date of deposit. Also, operators must make yearly payments of a universal service fee in the amount of 1% of their annual net sales. Mobile operators must notify the Ministry of Transport and Infrastructure 10% of the share they must pay the Treasury within the month of payment. By the end of January each year, the ICTA must further notify the Ministry of Transport and Infrastructure of:

20% of the administrative penalties which it applied during the fiscal year; and
20% of the amount remaining after all expenditure has been met at the end of the fiscal year.

4.3 How is interconnection regulated in your jurisdiction? What rules and requirements apply in this regard? Are interconnection and network access charges subject to price regulation?

Interconnection is governed by the Regulation on Access and Interconnection Public. Provisions on interconnection and access are also included in:

the Communiqué on the Procedures and Principles Regarding Common Settlement and Facility Sharing; and
the Communiqué on the Procedures and Principles on Unbundled Access to the Local Network.

According to the Regulation on Access and Interconnection Public, the ICTA is the authority that may determine requirements for interconnection. For instance, the ICTA may require operators with significant market power to:

prepare reference access offers; and
make available information such as:
- technical specifications;
- network specifications;
- terms and conditions regarding supply and usage; and
- fees.

If the ICTA requires the preparation of reference access offers including interconnection, the operator must prepare and submit its reference offer to the ICTA within three months of the date on which the obligation was imposed. Operators must publish their reference access offers that are approved by the ICTA on their websites and through other methods defined by the ICTA.

Each year, the ICTA determines the interconnection fee tariffs and publishes them on its official website. Examples include:

mobile call termination fees of mobile network operators;
interconnection fees on the fixed network; and
SMS call termination fees of mobile network operators.

4.4 What rules and requirements govern the allocation and use of telephone numbers in your jurisdiction?

The ICTA is authorised to allocate numbers and to prepare the National Numbering Plan and the National Frequency Plan under the policies of the Ministry of Transport and Infrastructure and under the Electronic Communications Law. Number allocation and usage principles are specifically regulated under the Numbering Regulation.

According to Article 10 of the Numbering Regulation, the following conditions are sought for number allocation:

The number allocation request must be specified in the application in accordance with the National Numbering Plan.
The requested numbers must be assignable.
The numbers requested must be compatible with the definition and geographical scope of the service.
The applicant's technical capacity must be adequate for the amount of numbers requested, and its market forecasts and investment plan must support the number of subscribers.
The applicant must be authorised in accordance with the number source that it has requested or have an authorisation application in accordance with the relevant legislation.
In case of the assignment of additional numbers of the same type or under the same area code for numbers allocated as blocks, or where the allocation of a new number block that can be allocated to different operators is requested:
- the scope of the service must be evaluated; and
- an occupancy rate of 65% should be reached in the numbers allocated beforehand.
Other conditions deemed necessary by the ICTA must be satisfied.

The use of allocated numbers is also regulated under the Numbering Regulation. Further, secondary and subsequent allocations must be made in accordance with the purpose of the primary allocation.

The allocated numbers:

cannot be used in a way that will distort competition or violate consumer rights;
must be used in accordance with the tariff regulations related to the number types; and
must be put into service within one year at the latest from the date of allocation. This period may be extended if deemed necessary by the ICTA. The operator must make an extension request at least one month before the expiry of the one-year period.

Numbers from the National Numbering Plan cannot be used, except for the numbers assigned by the ICTA. In addition to these conditions, the ICTA may impose special conditions for the type of service or number.

4.5 What rules and requirements govern number portability in your jurisdiction?

According to the Number Portability Regulation, subscribers can change their operator, geographical position and service type without having to change their number. Operators are obliged to provide number portability.

The operator will reject a number porting request if:

the number requested to be ported belongs to another subscriber;
the identity information of the subscriber is wrong or incomplete;
the subscriber has already requested that his or her current operator change the number or porting is ongoing for the number previously requested; or
the subscriber has already requested the cancellation or transfer of the subscription agreement with his or her current operator.

Also, in relation to mobile number portability, three months must have passed from the date of the subscriber's first subscription contract with the current operator.

Aside the grounds for refusal mentioned above, the ICTA may issue additional grounds for refusal regarding geographical number portability and/or non-geographic number portability, if deemed necessary.

Regarding number portal requests, the recipient operator must notify and inform by sending a message (SMS) to the number requested that the request is in process.

The Number Portability Regulation imposes several obligations on operators, such as the following:

Operators must provide number portability;
Regardless of whether operators have a number portability obligation or not, calls that are initiated or carried towards a ported number must be routed correctly to the receiving operator;
Operators must take any measures determined by the ICTA regarding tariff transparency; and
Upon the ICTA's request, an operator must send the necessary information regarding the numbers transferred from its network to another network or from another network to its own network.

4.6 Are retail customer charges subject to price regulation in your jurisdiction?

The ICTA is authorised to impose various types of price controls under the Regulation on Tariffs. The operators must consider these tariffs while offering their services.

4.7 Are retail customer terms and conditions subject to regulation in your jurisdiction?

Yes, the Regulation on Consumer Rights in Electronic Communications Sector regulates the customer terms and conditions between subscribers and operators.

5 Spectrum use

5.1 How is spectrum use authorised in your jurisdiction? Do any exemptions apply?

The Information and Communication Technologies Authority (ICTA) is responsible for spectrum management. The Radio and Television Supreme Council (RTSC) may regulate television channels and radio frequencies for terrestrial radio and television broadcasting within the frequency bands allocated by the ICTA. Also, the Turkish Armed Forces may regulate frequencies for military purposes within the frequency bands allocated by the ICTA.

The ICTA may determine exemptions for spectrum allocation and registration of certain wireless equipment and system. Such use of spectrum is possible for wireless equipment and systems without any licence, authorisation or permission. However, such frequency allocation is possible for a maximum period of five years.

The use of spectrum cannot be made licence exempt under the Turkish Broadcasting Law. Media service providers must obtain separate licences from the RTSC to broadcast through cable, satellite, terrestrial and similar means pursuant to the Turkish Broadcasting Law.

5.2 What is the procedure for allocating spectrum in your jurisdiction?

Articles 36 to 46 of the Electronic Communications Law regulate spectrum management. However, the procedures regarding spectrum management are regulated under the Regulation on Spectrum Management.

Operators must first apply to the ICTA for the spectrum allocation under the Regulation on Spectrum Management. After the ICTA approves the application, the operator obtains the spectrum licence. Thereafter, the operator must register its allocated spectrum with the registry established by the ICTA. If a natural or legal person which is not an operator wishes to install a device requiring a spectrum allocation by the ICTA, such person must also apply to the ICTA for the allocation of spectrum.

The ICTA prepares a National Frequency Plan that includes:

a general and detailed frequency plan;
frequency intervals for planned systems;
the authorisation procedure;
reference information;
output power; and
brief notes.

5.3 How long does it typically take? What costs are involved?

Frequency allocations to non-authorised radio system users are made for a maximum period of five years. If necessary, permission is granted to install and use the radio system on a common use basis. The allocated frequencies can be used for as long as the system installation and usage authorisation term permit. The requests of users of the radio system that document their need for the system at the end of the period will be evaluated and the frequency usage period of those deemed appropriate will be extended.

The ICTA publishes updated radio authorisation and usage fees for each year, according to the Electronic Communications Law. These fees are calculated based on the formula specified in the Annex of the Electronic Communications Law. Also, the RTSC determines television and radio frequency usage fees for each year. The fees to be applied in 2023 are available on the ICTA and RTSC websites.

5.4 What are the penalties for unauthorised spectrum use or breach of authorisation?

Article 63 of the Electronic Communications Law regulates penal provisions.

Anyone that sells, installs, operates and uses these devices without permission from the ICTA will be punished with a judicial fine of up to 2,000 days. Anyone that uses these devices for the purpose of violating national security, even if the necessary permits have been obtained, will be sentenced to imprisonment for between six months and one year and a judicial fine of up to 10,000 days, unless their actions constitute a crime requiring a heavier penalty.

Moreover, judicial fines of not less than 100 days may be imposed where authorised persons do not take measures within due time determined by the ICTA to remedy a breach or to remedy electromagnetic interference or jamming factors when detected on other electronic communications systems in whatsoever manner.

Perpetrators that communicate by means of coded or cryptographic communication, or that enable such communication in defiance of the Electronic Communications Law, will be punished by a judicial fine of between 500 days and 1,000 days.

5.5 Can a spectrum authorisation be transferred? If so, what is the process for doing so?

The Regulation on Authorisation in the Electronic Communication Sector allows the trading of spectrum licences. Operators can transfer spectrum frequency partially or fully after applying to the ICTA for the transfer of a spectrum licence. The ICTA will evaluate transfer applications by considering requirements including market and competition conditions and other related matters.

Also, spectrum authorisations can be transferred within the context of mergers and acquisitions. In this case, the parties must apply to the ICTA as well. The ICTA will evaluate the application by considering:

market and competition conditions in the operator's area;
its market share; and
other related issues.

The approval of the ICTA regarding such application will be notified to the relevant parties within one month. A right-of-use authorisation will be granted to the new company within one month of the date on which such notification is made.

6 Internet

6.1 What provisions apply to high-speed broadband in your jurisdiction? Are there any government incentives to promote broadband penetration?

The provisions applicable to high-speed broadband can be found in:

the Electronic Communications Law; and
the Regulation on Passing All Kinds of Cables and Similar Equipment Used in Fixed and Mobile Communication Infrastructure or Networks through Immovables.

In the Broadband and Internet Report published in 2013, the broadband targets set for 2023 were as follows:

ensuring that ever domicile has broadband access (ie, providing broadband services to every household and workplace at a speed of at least 100 megabits per second through new-generation technologies);
expanding the use of broadband internet (ie, ensuring that 80% of the population aged 16 to 74 are using broadband);
positioning Turkey as a regional hub and transit point with strong internet exchange points; and
implementing measures to develop mobile broadband infrastructure.

In December 2017, the National Broadband Strategy and Action Plan (2017–2020) was published in cooperation with:

the Ministry of Development;
the Information and the Communication Technologies Authority (ICTA);
the Competition Authority;
non-governmental organisations; and
relevant sector representatives.

The basic principles in this plan included:

establishing broadband infrastructure across the country;
ensuring fibre access throughout the country;
improving connection capacity and speed; and
creating demand by increasing the prevalence of broadband internet services and applications.

6.2 What net neutrality regulations apply in your jurisdiction? Are any exemptions and/or exceptions available?

There are no specific regulations in Turkey on the principle of net neutrality. However, there are certain rules in the Electronic Communication Law aimed at ensuring the provision of electronic communications services in a non-discriminatory and transparent manner. The interests of consumer rights and fair competition among operators are maintained and promoted. Accordingly, competent authorities must establish ‘neutrality' in terms of the provision of electronic communication services and regulations made in this regard. It is not clear whether this provision refers to ‘net neutrality'; however, we believe that establishing neutrality in electronic communication services may serve the net neutrality concept.

6.3 Are internet service providers (ISPs) obliged to block or restrict access to specific websites or types of content in your jurisdiction?

The courts may decide to remove content and/or to block access to online publications where there is adequate reason to suspect that they relate to the following crimes:

crimes under the Criminal Code (5237):
- encouragement of suicide (Article 84);
- sexual abuse of children (Article 103, first paragraph);
- facilitation of the use of drugs or stimulants (Article 190);
- hazardous substances for health (Article 194);
- obscenity (Article 226);
- prostitution (Article 227); or
- provision of space and facilities for gambling (Article 228);
crimes under the Law Concerning Crimes Committed Against Atatürk (5816);
crimes under the Law on Regulation of Betting and Games of Chance in Football and Other Sports Competitions (7258); and
crimes included in the first and second paragraphs of Article 27 of the State Intelligence Services and National Intelligence Organization Law (2937).

The judge, during the investigation phase, may decide to remove the content and/or block access; and the court may decide to do so during the prosecution phase. During the investigation phase, the public prosecutor may also decide to remove the content and/or block access in urgent cases. The decision to remove the content and/or block access must be fulfilled immediately and at the latest within four hours of notification of the decision.

The judge or in, urgent cases, the ICTA is authorised to decide on whether to block access and/or remove content in internet broadcasts in cases relating to one or more of the following:

the protection of the right to life and individuals' right to life and property;
the protection of national security and public order;
the prevention of crime; or
the protection of general health.

The ICTA will immediately notify access providers and relevant content and hosting providers of the decision. They must implement the decision to remove the content and/or block access immediately and at the latest within four hours of notification.

In addition, a person who claims that personality rights have been violated by content published online may:

request that the content provider – or, where the content provider cannot be reached, the hosting provider – remove the content from the broadcast through a warning; or
apply to the judge of the court of peace for a direct request to remove and/or block access to the content.

A person who claims that his or her privacy has been violated by online content may apply to the ICTA and request that access to the content be blocked.

6.4 Is the use of virtual private networks permitted in your jurisdiction?

There are no explicit provisions under Turkish law that prohibit the use of virtual private networks (VPNs). However, according to Article 6/1(ç) of the Internet Law, access providers must take measures to prevent alternative access routes regarding publications that are subject to an access-blocking decision. Since VPNs are one of the alternative means of access, access providers must be careful about taking the necessary measures to ensure that illegal content cannot be accessed via VPN.

Thus far, more than 20 VPN services – including Tor Project, VPN Master, Zenmate VPN and TunnelBear – have been blocked in Turkey. In addition, ISPs blocked access to ProtonMail, which provides encrypted email services. On 24 March 2018, the president of the ICTA made a public announcement stating that the ICTA will continue to take necessary measures in relation to VPN services to prevent them from being used to access illegal content.

6.5 In what circumstances will ISPs be held liable for offending content carried on their networks? What defences are available?

Access providers are not required to verify whether the information to which they provide access is illegal. They will not be held liable for any offending content carried on their networks. However, they must block illegal content after becoming aware or being notified that it has published or posted by users.

Access-blocking decisions generally require only that access be blocked to the content (eg, in the form of a URL) relating to the illegal broadcast, section or part. It is not necessary to block access to the full publication, except where specifically required. However, if blocking access to the content merely by specifying the URL would not avoid the unlawfulness, the judge may decide to block access to all broadcasts on the website.

6.6 How are digital platforms regulated in your jurisdiction?

In Turkey, digital platforms are not subject to specific separate regulation. Depending on their nature, digital platforms may be subject to the laws governing:

the Internet;
electronic communications;
radio and television broadcasting; and
social media.

7 Media

7.1 What rules and requirements apply to public broadcasters in your jurisdiction?

The Turkish Radio and Television Corporation (TRT) is the only public broadcaster in Turkey.

In accordance with the Turkish Constitution and the Turkish Radio and Television Law (2954), the autonomy and impartiality of the TRT's broadcasts are essential.

The TRT's main responsibilities, as stipulated in Law 2954, include:

broadcasting radio and television programmes;
establishing programme transmission systems and studios;
establishing, developing and improving broadcasting stations;
engaging in revenue-generating activities; and
establishing units for programme production and broadcast.

7.2 What rules and requirements apply to commercial broadcasters in. your jurisdiction?

As explained in questions 2 and 3, the Radio and Television Supreme Council (RTSC) is authorised to grant licences to media service providers that broadcast through terrestrial, digital, satellite, cable and on-demand media in Turkey. In order to obtain a broadcasting licence, the necessary documents must be submitted to the RTSC.

Commercial media service providers must obtain a separate licence from the RTSC for each broadcasting technique and transmission medium to broadcast through cable, satellite and similar media.

7.3 Do any ‘must-carry' obligations apply in your jurisdiction? If so, what are they and how are they funded?

There are no regulations on must-carry obligations under Turkish legislation.

7.4 Do any local content requirements apply in your jurisdiction? Do any restrictions apply to foreign content? What exemptions and/or exceptions are available?

According to Law 6112, broadcasting service providers must adhere to the broadcasting service principles stated in the law regarding the content of broadcasting services supplied. This requirement applies to the content of both foreign-made and locally produced programmes.

At least 20% of cartoons and at least 40% of other children's programmes must be productions in the Turkish language.

The RTSC must give approval for media service providers to make broadcasts in languages and dialects other than Turkish. Broadcasting in other languages and dialects is not allowed without the permission of the RTSC.

Media service providers that wish to broadcast in foreign languages and dialects must apply to the RTSC with the decision of their board of directors that specifies:

the proposed languages and dialects;
the programme types;
the daily broadcasting schedules of those programmes; and
their monthly broadcasting plans.

There is no need to obtain permission for individual musical works, cinematic works, commercial communications or on-demand media services in languages and dialects other than Turkish.

Television broadcasters that hold a national terrestrial broadcasting licence must:

allocate at least 50% of their broadcast time – excluding the time allocated to news, sport events, contests, advertising, teleshopping and related data broadcasts – to European works; and
allocate 10% of their broadcast time or programme budget – excluding the time allocated to news, sporting events, contests, advertising, teleshopping and related data broadcasts – to European works of independent producers.

The procedures and principles aimed at encouraging on-demand broadcasting service providers to support the production of and access to European works are determined by the RTSC.

7.5 What other content requirements and restrictions apply in your jurisdiction? Do these vary depending on the distribution channel (eg, traditional broadcast media versus new media)?

The Broadcasting Law applies to radio and television broadcasting services and on-demand media services within Turkey, transmitted by all techniques, methods or means, and by electromagnetic waves or other means under any denotation. All content, including ads and editorials, is subject to the Regulation on Broadcasting Principles.

Unlike traditional broadcast media such as radio and television, new media content is regulated by Law 5651. However, according to Law 6112:

media service providers that broadcast online and platform operators that transmit these broadcasts online must obtain a licence from the RTSC; and
online broadcasting activities are under the supervision and control of the RTSC according to the same principles that apply to television and radio broadcasts.

7.6 How is advertising regulated in your jurisdiction? Does this vary depending on the distribution channel?

Advertising activity is mainly regulated by Law 6112.

Advertising broadcasts cannot contain any content which could:

mislead the public;
lead to unfair competition;
disparage other products or qualifications;
imply the wastefulness of any product; or
damage the country's economic situation.

Also, political propaganda cannot be broadcast through advertising.

In television and radio broadcast services, ads and teleshopping should be presented in such a way that they are clearly discerned as such and are easily distinguished from other elements of the programme service through an audio and/or visual announcement. The rate of all advertising other than teleshopping broadcasts cannot exceed 20% of the broadcasting time within an hour.

Commercial communications for the following are not permitted:

alcohol and tobacco products; and
pharmaceuticals and medical treatments that are subject to prescription.

Ads for pharmaceuticals and medical treatments that are not subject to prescription must be prepared under the principle of integrity, and presented in such a manner that they comprise elements that reflect the truth and can be verified. Teleshopping is not permitted for pharmaceuticals and medical treatments.

Commercial ads in Turkey are supervised by the Advertising Board. The board is authorised to:

determine the principles to be followed in commercial advertising;
protect consumers against unfair commercial practices;
examine and, if necessary, audit such practices;
stop ads that are contrary to Article 61 of Law 6502; and
impose a fine or a precautionary suspension of up to three months.

Advertising ethics do not vary depending on whether the ad is published in traditional or new media.

8 Competition

8.1 What competition-related provisions (eg, structural or functional separation requirements; significant market power requirements; media plurality rules) apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

(a) Telecommunications

The Information and Communication Technologies Authority (ICTA) has the duty and authority to:

establish and protect competition in the electronic communication sector;
impose obligations on operators with effective market power in the relevant markets and, where necessary, on other operators; and
take the measures stipulated by the legislation.

In this regard, the ICTA has published the Regulation on the Determination of the Operators with Effective Market Power in the Electronic Communications Sector and Their Obligations.

Within the scope of the general principles of the Competition Law:

actors in the telecommunications industry should not implement predatory pricing strategies; and
dominant wholesale fixed broadband internet services companies should not hinder competitors in the retail fixed broadband services market from providing their services and gaining subscribers.

To identify operators with effective market power in the relevant markets, the ICTA may conduct market analysis ex officio or upon the justified request of at least one operator. The ICTA conducts market analysis at least once every three years.

Under the Regulation on the Determination of the Operators with Effective Market Power in the Electronic Communications Sector and Their Obligations, the ICTA may impose the following obligations on operators with effective market power and may impose administrative fines in case of violation:

transparency;
publication of reference access and/or interconnection offers;
non-discrimination;
account separation;
provision of access and/or interconnection;
subjection to tariff controls;
cost accounting;
carrier selection and preselection; and
provision of minimum leased line group service.

(b) Internet

Internet actors should consider unfair competition provisions and measures in relation to features such as:

domain names;
spam;
ad banners and pop-up ads;
AdWords; and
hashtags.

Harmed persons may sue for unfair competition if these:

contain false or misleading descriptions;
cause confusion with someone else's goods, business products, activities or businesses; or
constitute comparative advertising.

If a domain name violates a protected interest such as a brand, business name or trade name belonging to someone else, the rightful owner may file suit based on the unfair competition provisions.

In one of its decisions, the 11th Civil Chamber of the Court of Cassation ruled that the information contained on a website content was an act of unfair competition as it constituted deceptive advertising and should thus be removed from publication.

The Law on the Regulation of Electronic Commerce also contains several provisions aimed at protecting consumers. It imposes advertising, promotion and campaign restrictions on e-commerce intermediary service providers and e-commerce service providers that play a certain role in the sector. As an example of these restrictions, e-commerce intermediary service providers cannot engage in marketing and promotion activities in online search engines such as Google through the use of registered trademarks, which constitute the main element of domain names, without the prior explicit consent of the e-commerce service provider.

(c) Media (broadcasting + print)

Law 6112 provides that media broadcast content cannot contain elements that serve unfair interests or that would lead to unfair competition. The same law defines the Radio and Television Supreme Council's (RTSC) duties as:

ensuring freedom of expression and information, diversity of thought, a competitive environment and pluralism without prejudice to the duties and powers of the Competition Authority in the field of broadcasting services; and
preventing concentrations and taking the necessary measures to protect the public interest.

Based on the general principle of protection of competition in Turkey, the relevant authorities aim to protect the media from any destructive effects of media concentrations and to safeguard media pluralism to ensure a fair system. In this way, any monopolisation in the introduction of services and products to the market and their delivery to consumers is prevented.

Law 6112 also sets out some measures to prevent cartelisation in the media sector, such as the following:

A natural or legal person can directly or indirectly become a partner in a maximum of four media service providers holding a terrestrial broadcasting licence.
The total annual commercial communication income of media service providers in which a natural or legal person has a direct or indirect share in partnership with more than one media service provider cannot exceed 30% of the total commercial communication income in the sector. Anyone whose total commercial communication income exceeds this percentage must transfer their shares in the relevant media service providers to any third party within a 90-day period specified by the RTSC to ensure their income drops below this percentage.
The shareholdings of spouses, blood relations and in-laws up to and including the third degree will be treated as if they belong to the same person.

(d) Social media

The general principles of the Competition Law also apply to social media. On 20 October 2022, the Competition Board imposed an administrative fine of over TRY 346 million on Meta Platforms, Inc for violating the Competition Law. According to the Competition Board, Meta had abused its dominant position by:

combining data collected by its core services, Facebook, Instagram and WhatsApp;
preventing entry into the market; and
complicating the operations of its competitors in the online display advertising markets with social networking services.

Ads shared on any platform – including television, radio and social media – are subject to the Consumer Protection Law (6502) and the Regulation on Commercial Advertising and Unfair Commercial Practices. Social media influencers must act in accordance with the specified consumer legislation. In this regard, social media influencers are subject to specific rules in terms of the procedures and principles of ads containing photos, videos and messages that they share on platforms such as Facebook, Instagram, Twitter and YouTube. According to the Guidelines for Influencers, social media influencers must clearly state the content of promotions when promoting a product or service. In this regard, they must use labels or expressions such as ‘collaboration', ‘advertising', ‘sponsorship' and ‘giveaway' on their social media posts. These labels and expressions should be:

distinguishable from the colours and background used in the post and in an easily readable size;
stated in such a way and in such a position that it is understood that the post constitutes commercial advertising, without the need for consumers to do anything else when they first see the post.

If other tags or descriptions are included in the post, this should be prominently stated between the tags or descriptions.

In addition, advertisers on social media should:

inform social media influencers about the Guidelines for Influencers;
request them to act in accordance with the guidelines;
ensure that they fulfil their obligations; and
take measures against any violation.

8.2 To what extent can the national competition regulator intervene in the relevant sectors? What is the interplay between the competition regulator and the various sectoral regulators?

The national competition regulator is the Competition Authority and there is a Competition Board established within the Competition Authority. Article 27 of the Competition Law regulates the duties and powers of the Competition Board. However, these duties and powers do not include examining and supervising the activities of other public institutions and organisations due to their failure to comply with competition laws. On the other hand, upon the request of a public institution or organisation, the Competition Board may express its opinion on matters falling under its responsibility and jurisdiction in order to facilitate the cooperation of public institutions.

For example, the ICTA may:

supervise violations of competition in the electronic communication sector;
impose sanctions; and
where necessary, consult with the Competition Authority to determine how to proceed.

8.3 How are mergers and acquisitions in the relevant sectors treated from a competition perspective?

According to the Electronic Communications Law, operators must obtain permission from the ICTA before transferring, acquiring or moving shareholdings of 10% or more. An authorised operator with a limited number of usage rights must inform the ICTA within two months at the latest in case of any share transfer, acquisition or movement of up to 10%.

If an ICTA-authorised telecommunications company merges with or wishes to transfer to another company:

that company must meet the authorisation requirements; and
the merger or acquisition will be subject to ICTA authorisation.

The company must submit an application to the ICTA with the notification form and, if necessary, the right-of-use application form. In its review of mergers and acquisitions, the ICTA will take into account:

the market conditions under which the merging or acquiring company is operating;
the competition conditions;
the market share of the operator; and
other relevant issues.

If the operator fails to fulfil its obligations as outlined above, the ICTA will impose an administrative fine of up to 1% of its net sales in the previous calendar year.

A similar situation exists in the media sector, where the transfer of shares of a joint stock company granted a broadcasting licence requires notification to the RTSC. Accordingly, the company must:

obtain permission from the RTSC with all necessary information and documents before the transfer of a company or a merger; and
notify the RTSC of such transfer or merger within 30 days of such occurrence.

8.4 What other specific challenges or concerns do the relevant sectors present from a competition perspective?

Due to the increasing popularity of the internet, social networks, telecommunications and media sectors, it will be essential to introduce sectoral competition regulations instead of traditional competition regulations.

9 Data security and cybersecurity

9.1 What data security regimes apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

(a) Telecommunications

The Regulation on the Processing of Personal Data and Protection of Confidentiality in the Electronic Communications Sector specifically stipulates provisions for the processing of personal data, including traffic and location data, by operators and other stakeholders in the electronic communication sector.

The regulation requires operators to take the necessary technical and administrative set out in the Electronic Communications Law, the Law on the Protection of Personal Data and national and international standards to ensure the security of personal data of subscribers/users and their services. These security measures must be implemented at a level appropriate to the possible risk, taking into account technological capabilities to the level of the possible risk. In this regard, operators must, at a minimum:

implement security policies on the processing of personal data;
protect personal data against data breaches;
ensure that only authorised persons have access to personal data; and
ensure the security of systems in which personal data is stored and applications are used to access personal data.

While the regulation states that it is essential that traffic and location data not be transferred abroad for national security reasons, it does allow for the cross-border transfer of traffic and location data based on the explicit consent of subscribers/users.

Before obtaining the explicit consent of subscribers/users, operators must clearly inform them of:

the type and the scope of personal data, as well as traffic and location data, to be processed;
the purposes of the processing; and
the retention periods.

In case of any transfer of traffic and location data to third parties, the data controller must obtain the explicit consent of the data subjects by informing them of:

the scope of the personal data to be transferred;
the name and address of the recipient;
the purpose and duration of the transfer; and
the third country, if the recipient is located abroad.

Any change in such information will require the data controller to obtain explicit consent from the data subjects again. Consent should not be bundled into the conditions for the provision of an electronic communication service, including the creation of a subscription or the provision of an electronic communication device.

Operators should also inform subscribers/users about any risk that threatens the security of their networks and services. If the risk falls outside the measures taken by the operator, the operator should inform subscribers/users as soon as possible about the scope and mitigation methods of the risk.

(b) Internet

On 15 February 2022, the Personal Data Protection Authority (DPA) published on its website an announcement on measures to be taken to ensure website/mobile application user security. This announcement is aimed at all data controllers that operate a website and/or mobile application with an account login function. Accordingly, website and/or mobile application providers should undertake the following measures:

Implement a two-factor authentication system and offer it to users as an alternative security measure in the course of registration;
Inform users via email/SMS or similar when they log into their account from devices other than those which they usually log in from;
Protect web/mobile applications with HTTPS or a method that provides the same level of security;
Use safe and hashing algorithms to ensure the protection of user passwords against cyberattacks;
Limit the number of unsuccessful log-in attempts from an IP address;
Inform users of at least the last five successful and unsuccessful log-in attempts;
Remind users not to use the same passwords on different platforms;
Prepare a password policy and ensure that user passwords are changed periodically or remind users to change their passwords periodically;
Prevent newly created passwords from being the same as old passwords (at least the last three passwords), using technologies such as security codes that distinguish computer and human behaviours, and limit the IP addresses which are authorised to access;
Ensure the use of strong passwords for website/mobile application systems, with a minimum of 10 characters and a mix of upper and lower-case letters, numbers and special characters; and
If a third-party software or service is used to connect to the website/mobile application's systems, perform regular security updates on such software and services, and conduct necessary checks.

In addition, according to the Internet Law, hosting providers and access providers must keep traffic records. Accordingly, hosting providers must:

keep traffic information about the services they host for a period of time specified in the regulations – which is not less than one year and not more than two years; and
ensure the accuracy, integrity and confidentiality of that information.

Access providers, on the other hand, must:

keep traffic information related to the services they provide for a period specified in the regulations – not less than six months and not more than two years; and
ensure the accuracy, integrity and confidentiality of that information.

(c) Media (broadcasting + print)

There are no special provisions under Turkish law regarding the protection and security of personal data in the media sector.

(d) Social media

There are no special provisions under Turkish law regarding the protection and security of personal data in the social media sector.

9.2 What cybersecurity regimes apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

(a) Telecommunications

Turkey has no general cybersecurity law.

Presidential Circular 2019/12 on Information and Communication Security Measures imposes certain measures on operators to mitigate and neutralise security risks and ensure the security of critical data that could jeopardise national security or harm the public order if its confidentiality, integrity or accessibility were compromised. One of these measures is for operators authorised to provide communication services to establish an internet exchange point in Turkey. Necessary measures must be taken to prevent the export of domestic communication traffic that should be exchanged domestically.

In addition, the Digital Transformation Office has the task of developing projects to increase information security and cybersecurity, and to this end has published the Information and Communication Security Guide. This guide covers the security measures that public institutions and organisations providing critical infrastructure services should take to mitigate security risks in information systems and to secure critical data. Organisations providing critical infrastructure services are those operating in the following sectors:

telecommunications;
energy;
water management;
critical public services;
transportation; and
banking and finance.

Telecommunications operators must thus comply with the measures in the Information and Communication Security Guide.

Moreover, the Information and Communication Technologies Authority (ICTA) has the authority to:

prevent cyberattacks;
provide a deterrent; and
impose sanctions for non-compliance.

To this end, it has established a National Cyber Incidents Response Centre (USOM). Cyber incident response teams (CIRTs) operate in institutions and organisations, especially in critical infrastructure sectors.

The ICTA has also published the Network and Information Security Regulation in the Electronic Communications Industry, which covers the procedures and principles for operators to ensure network and information security.

(b) Internet

The ICTA:

coordinates with content, hosting and access providers and other relevant organisations which are subject to the Internet Law on the detection and prevention of cyberattacks; and
carries out planning to undertake necessary measures.

The Network and Information Security Regulation in the Electronic Communications Industry published by the ICTA also regulates obligations for ISPs to ensure network and information security. Accordingly, ISPs should:

design and implement business continuity plans in order to prevent disruption of services and critical systems and minimise losses that may occur to their assets as a result of natural disasters, environmental threats, accidents, hardware failures, intentional actions or cyberattacks;
inform subscribers of malicious software, slave computer networks and possible cyber threats in order to raise awareness and take necessary precautions;
establish an in-house CIRT and take the necessary measures to coordinate with the USOM and the sectoral CIRT established within the ICTA under the principles determined to ensure national cybersecurity;
implement mechanisms such as:
- signal processing control;
- user authentication and access controls on IP addresses;
- communication ports; and
- application protocols; and
provide protection against cyber-attacks if requested.

(c) Media (broadcasting + print)

There are no dedicated cybersecurity laws in Turkey that apply to the media sector.

(d) Social media

There are no dedicated cybersecurity laws in Turkey that apply to social media.

9.3 What other specific challenges or concerns do the relevant sectors present from a data security/cybersecurity perspective?

The 11th Development Plan for 2019–2023 states that Turkey must improve its capacity to develop cybersecurity and privacy technologies. It is anticipated that various plans and strategies will be implemented during the period covered by the plan, including the establishment of new public bodies and commissions dedicated to cybersecurity. Also, the Digital Transformation Office works on projects in the field of cybersecurity and data security to ensure the digitisation of public services and raise public awareness.

10 Trends and predictions

10.1 How would you describe the current TMT industry landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The Law on the Protection of Personal Data (6698) is anticipated to be amended in order to harmonise it with the provisions of the EU General Data Protection Regulation (GDPR). The Scientific Commission of the Ministry of Interior has worked on harmonising its provisions on sensitive personal data and cross-border transfers of personal data with those under the GDPR.

11 Tips and traps

11.1 What are your top tips for TMT players seeking to operate in your jurisdiction and what potential sticking points would you highlight?

As Turkey has a regulatory regime governing TMT, players wishing to enter the Turkish market should examine whether they are subject to any licensing requirements as a result of their activities. Due to the devaluation of the Turkish lira, the requirements for company establishment and licensing have eased considerably; and it seems that Turkey remains an attractive market thanks to its young population, who can adapt relatively quickly to developments in technology and media.

Co-Authored by Kaan Özdemir

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.

Turkey: TMT Comparative Guide

1 Legal and enforcement framework

1.1 Which legislative and regulatory provisions govern the following in your jurisdiction: (a) Telecommunications; (b) Internet; (c) Media and (d) Social media?

1.2 Which bodies are responsible for enforcing the applicable laws and regulations in the relevant sectors? What powers do they have?

1.3 What is the general approach of those bodies in regulating the relevant sectors?

1.4 What other industry codes of conduct or best practices are applicable in the relevant sectors?

2 Ownership

3 Authorisations/licences

3.1 What authorisations and/or licences are required to operate in the following sectors? Do any exemptions apply? Do these vary depending on the service to be provided: (a) Telecommunications; (b) Internet; (c) Media and Social media?

3.2 What are the key features of such authorisations/licences?

3.3 What are the procedural and documentary requirements to obtain such authorisations/licences?

3.4 What does the authorisation/licensing process involve? How long does it typically take? What costs are incurred?

3.5 What are the ongoing rights and obligations of the authorisation/licence holder? How is compliance monitored? What penalties may be imposed for breach?

3.6 For how long is the authorisation/licence valid? Are variations to the terms possible? How is the authorisation/licence renewed?

3.7 Can an authorisation/licence be transferred? If so, what is the process for doing so?

4 Telecommunications

4.1 What provisions apply to the construction of telecommunications infrastructure and the installation of facilities on public and private property?

4.2 Do any universal service obligations apply in your jurisdiction? If so, what are they and how are they funded?

4.3 How is interconnection regulated in your jurisdiction? What rules and requirements apply in this regard? Are interconnection and network access charges subject to price regulation?

4.4 What rules and requirements govern the allocation and use of telephone numbers in your jurisdiction?

4.5 What rules and requirements govern number portability in your jurisdiction?

4.6 Are retail customer charges subject to price regulation in your jurisdiction?

4.7 Are retail customer terms and conditions subject to regulation in your jurisdiction?

5 Spectrum use

5.1 How is spectrum use authorised in your jurisdiction? Do any exemptions apply?

5.2 What is the procedure for allocating spectrum in your jurisdiction?

5.3 How long does it typically take? What costs are involved?

5.4 What are the penalties for unauthorised spectrum use or breach of authorisation?

5.5 Can a spectrum authorisation be transferred? If so, what is the process for doing so?

6 Internet

6.1 What provisions apply to high-speed broadband in your jurisdiction? Are there any government incentives to promote broadband penetration?

6.2 What net neutrality regulations apply in your jurisdiction? Are any exemptions and/or exceptions available?

6.3 Are internet service providers (ISPs) obliged to block or restrict access to specific websites or types of content in your jurisdiction?

6.4 Is the use of virtual private networks permitted in your jurisdiction?

6.5 In what circumstances will ISPs be held liable for offending content carried on their networks? What defences are available?

6.6 How are digital platforms regulated in your jurisdiction?

7 Media

7.1 What rules and requirements apply to public broadcasters in your jurisdiction?

7.2 What rules and requirements apply to commercial broadcasters in. your jurisdiction?

7.3 Do any ‘must-carry' obligations apply in your jurisdiction? If so, what are they and how are they funded?

7.4 Do any local content requirements apply in your jurisdiction? Do any restrictions apply to foreign content? What exemptions and/or exceptions are available?

7.5 What other content requirements and restrictions apply in your jurisdiction? Do these vary depending on the distribution channel (eg, traditional broadcast media versus new media)?

7.6 How is advertising regulated in your jurisdiction? Does this vary depending on the distribution channel?

8 Competition

8.1 What competition-related provisions (eg, structural or functional separation requirements; significant market power requirements; media plurality rules) apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

8.2 To what extent can the national competition regulator intervene in the relevant sectors? What is the interplay between the competition regulator and the various sectoral regulators?

8.3 How are mergers and acquisitions in the relevant sectors treated from a competition perspective?

8.4 What other specific challenges or concerns do the relevant sectors present from a competition perspective?

9 Data security and cybersecurity

9.1 What data security regimes apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

9.2 What cybersecurity regimes apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

9.3 What other specific challenges or concerns do the relevant sectors present from a data security/cybersecurity perspective?

10 Trends and predictions

10.1 How would you describe the current TMT industry landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

11 Tips and traps

11.1 What are your top tips for TMT players seeking to operate in your jurisdiction and what potential sticking points would you highlight?

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