Radio and television broadcast online in Turkey must now obtain a broadcast license from the Radio and Television Supreme Council (“Council”), while platform operators must obtain a broadcast transmission permit. The Council is now authorised to supervise internet broadcasting. The Council can ask criminal courts to remove content and/or impose access bans within 24 hours and without trial if an entity does not have the necessary licenses or rights, or these permissions are revoked.
The Omnibus Law (“Omnibus Law”) was published in Official Gazette number 30373 on 27 March 2018. Among other things, the Omnibus Law amends The Law on Establishment and Broadcasting Services of Radios and Televisions number 6112 (“Law”).
Notable changes to the Law include:
- Media service providers that already had a temporary broadcasting right and/or broadcasting permit are not required to obtain an additional permit or license for internet broadcasting.
- Media service providers wishing to broadcast exclusively on the internet must still obtain a broadcasting license.
- Platform operators must obtain a broadcast transmission permit.
- The Council can ask criminal courts to remove content and/or impose access bans within 24 hours and without trial if an entity does not have the necessary licenses or rights, or these are revoked.
- The penal court can remove content and/or impose access bans for breaching an international agreement to which Turkey is a signatory or breaching the Law, even if the content or hosting provider is located outside Turkey.
- Broadcasters and platform operators located outside Turkey must still obtain broadcasting licenses and broadcast transmission permits respectively.
- Individual communications are exempt from the Law.
- Platforms not allocated for online broadcasting or entities which only provide hosting services for broadcasting services are not considered platform operators under the Law.
Further detailed rules and procedures will be released via secondary legislation within the next six months.
Please see this link for the full text of the Omnibus Law (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.