The Turkish Parliament passed the Law on the Amendments to the Tax Laws and Certain Laws and Decrees, adding a new Article 29/A to Law No. 6112 on the Establishment of Radio and Television Enterprises and Media Services ("Broadcasting Law"), which entered into effect by publication on the Official Gazette on March 21, 2018.
Pursuant to the new Article 29/A of the Broadcasting Law, service providers wishing to broadcast on the internet must obtain a license from the Radio and Television Supreme Council (“RTÜK”).
Article 29/A of the Broadcasting Law requires service providers to obtain a broadcasting license from the RTÜK to provide radio, television and on-demand broadcasting services exclusively on the internet, and platform operators must obtain a broadcasting transmission license to transmit such broadcasting on the internet.
Accordingly, failure to hold a valid license may result in the removal of the relevant broadcast content on the internet and/or blocking of access to the relevant content. The removal or blocking of content also applies to the foreign service providers listed below:
- Service providers or platform operators who broadcast in violation of international agreements and the Broadcasting Law,
- Broadcasting organizations that broadcast internet content in Turkish and aimed at persons in Turkey, and
- Broadcasting organizations that do not broadcast in Turkish but include commercial communications aimed at persons located in Turkey.
The principles and procedures for the provision of radio, television and on demand broadcasting services on the internet, the broadcasting license and the authorization certificate for broadcasting transmission, and the supervisory powers of the RTÜK will be regulated in detail under a secondary regulation to be adopted within six months.
With the introduction of Article 29/A, the activities of television channels and platforms that broadcast on the internet, either in Turkey or abroad, will be subject to supervision by the RTÜK. Service providers and platform operators who broadcast online must carefully review the new requirements under the new provision and take the necessary actions to obtain a broadcasting license or a broadcasting transmission license.