Broadcasts on the Internet and Licence

The Radio and Television Supreme Council (“RTÜK“) published the Regulation on the Presentation of Radio, Television and On-Demand Broadcasts on the Internet (“Regulation“) on August 1, 2019, in the Official Gazette. The regulation provides information with regards to the broadcasting license and the provision of radio, television and on-demand broadcasting services on the internet tranmission authorization as well as the supervision of broadcasting on the internet.

This regulation introduces two licensing regime and in terms of first one, media service providers have to get broadcast licence from RTÜK. Regarding second one, platform operators who transmit radio, television and on-demand broadcasting services over the internet must obtain a broadcast transmission authorization from RTÜK. In addition to this, the regulations extends the power of The Radio and Television Supreme Council in terms of monitoring the broadcasting content. If RTÜK decides that a content violates this regulation media service providers must remove all the unlawful content according to the regulation.

The regulation also introduces sanctions such as criminal penalties, internet access bans and removal of content, Provided that media service providers or internet platform operators are situated operating without a license and or authorization, it reports entity to get the relevant license or authorization which informs that the media service providers and internet platform operators may consult to a license or authorization and may maintain broadcasting if a 3-month license fee is paid in advance. If media service providers and internet platform operators do not pay a 3-month licence fee, RTÜK may ask a criminal judgeship of peace to decide for the removal of content or ban  nternet access to the content. This provision came into force on 01 September 2019.

According to the Regulation, media service providers which broadcast content without broadcast licenses, and  internet platform operators which transmit broadcasting services have to apply for licenses or authorization within a month from the effective date of this Regulation which is August 1, 2019.If these service providers or operators did not make their application, RTÜK would ask a criminal judgeship of peace to remove the content and ban internet access or entire website.

As the Regulation entered into force, media service providers which broadcasts on the  internet and internet platform operators which  transmits broadcasting services in Turkey or abroad shall be subject to RTÜK’s audit.. Because of that media service providers and  internet platform operators have to  examine  whether they are within the scope of the Regulation or not. Then, they start to take responsibility regarding this regulation.