The word "podcast" does not appear in the text of the Law. The answer therefore turns on which of the definitions in Law No. 6112 the activity falls within.
Three Definitions
| Concept | The definition in Art. 3 of Law No. 6112 |
|---|---|
| Broadcasting service | A television broadcasting service, on-demand broadcasting service and commercial communication, and a radio broadcasting service, whose main purpose is to present programmes over electronic communication networks under the editorial responsibility of a media service provider in order to inform, entertain or educate the public - excluding individual communication |
| On-demand broadcasting service | A broadcasting service in which programmes are watched or listened to at a time chosen by the user and on their individual request, tied to a programme catalogue arranged by the media service provider |
| Media service provider | A legal person with editorial responsibility for the selection of the content of radio, television and on-demand broadcasting services and deciding on the manner of their arrangement and broadcast |
Three Decisive Elements
- Editorial responsibility. Is there power to decide on the selection of content and the manner of its arrangement?
- Catalogue. Are the episodes presented within an arranged catalogue?
- Legal person. The definition describes a media service provider as a legal person.
Where Does the Licence Obligation Come From?
If an activity counts as an on-demand broadcasting service, Art. 29/A comes into play: media service providers wishing to offer radio, television and on-demand broadcasting services solely over the internet must obtain a broadcasting licence from the Supreme Council.
Under Art. 19 that licence is issued to joint stock companies formed under the Turkish Commercial Code exclusively to provide radio, television and on-demand broadcasting services, and one company may provide only one radio, one television and one on-demand service.
A Concrete Assessment Is Required
A Podcast by a Radio Organisation
For an organisation that already holds a licence the picture is different. The first sentence of Art. 29/A: media service providers holding a provisional broadcasting right and/or a broadcasting licence from the Supreme Council may, under those rights and licences, also offer their broadcasts over the internet in conformity with this Law and with Law No. 5651.
A Podcast by a News Site
The internet news site regime is in Law No. 5187, and the definition in Art. 4 of the Press Card Regulation says content may be "written, visual or audio". So a news site producing audio content does not thereby stop being a news site.
The Supervision Side
If the activity falls within Law No. 6112, not only the licence but the broadcasting service principles (Art. 8) and the chain of sanctions attached to them apply: where a breach is repeated within one year, broadcasting is suspended for up to five days; on a second repetition for up to fifteen days; and on a third repetition the licence is revoked. We deal with the sanctions in the RTUK fine guide.
Summary
- The word podcast does not appear in Law No. 6112.
- What is decisive is whether the activity is an on-demand broadcasting service offered under editorial responsibility within a catalogue.
- An activity within that definition offered solely over the internet is subject to an RTUK broadcasting licence under Art. 29/A.