The Law does not name the events. Article 17 establishes a procedure: which events must be broadcast unencrypted and free of charge is determined and announced by RTUK. The answer to the question is therefore not in the statute but in RTUK’s list of major events in force.
Article 17/1: who prepares the list and how
“The Supreme Council shall prepare and announce a list of major events in order to secure the live or recorded broadcasting, on television channels broadcasting unencrypted and free of charge throughout the country, of national and international events of major importance for society, taking also the views of other institutions concerned. The list of major events may be updated by the Supreme Council in the same manner.”
| Element | Rule |
|---|---|
| Who determines | RTUK |
| How | Taking the views of other institutions concerned |
| What | National and international events of major importance for society |
| How broadcast | Unencrypted and free of charge nationwide, live or recorded |
| Updating | Possible in the same manner |
Article 17/2: whose duty it is
“Television broadcasters that will broadcast major events shall ensure that the events on the list of major events are broadcast unencrypted and free of charge throughout the country.”
The commercial consequence matters: an encrypted platform that buys the exclusive rights to an event on the list cannot show it only to its subscribers. The Law limits the exercise of the right by reference to public access.
Article 17/3: the cross-border duty
“Television broadcasters shall furthermore not exercise their exclusive rights in relation to major events included in the list of another state party to the European Convention on Transfrontier Television in such a way as to prevent a substantial proportion of the citizens of that state from watching them.”
The duty is thus not confined to Turkey’s own list. A broadcaster in Turkey holding rights to an event on the list of another state party to the Convention may not act so as to block access for viewers in that state.
Do not confuse this with the short reporting right
Articles 16 and 17 sit next to each other but are entirely different.
| Art. 16 Short reporting right | Art. 17 Public access to major events | |
|---|---|---|
| Right for whom | Other television broadcasters | The public |
| Scope | At most 90 seconds, only in a news programme | Broadcast of the event |
| Payment | Against payment; fair, reasonable and equitable basis | Free for the viewer |
| Who determines | The parties; procedures in RTUK regulation | RTUK, through the list of major events |
| Encryption | Not the issue | Must be unencrypted |
Live or recorded
Article 17/1 says “live or recorded”. The duty does not necessarily require live transmission; broadcasting the event on a recorded basis can also achieve the result the Law seeks. The conditions “throughout the country” and “unencrypted and free of charge” apply in every case.
The procedures are in regulation
Article 17/4: “The procedures and principles concerning public access to major events shall be regulated by a regulation to be issued by the Supreme Council.” The criteria for inclusion in the list, broadcasters’ notification duties and dispute resolution are read from that regulation.
What to check when acquiring rights
- Is the event on RTUK’s current list of major events?
- If so, can the broadcast be delivered unencrypted and free of charge nationwide?
- Is it on the list of another state party to the Convention? (Art. 17/3)
- How will the duty to provide other broadcasters with a short reporting right be met? (Art. 16/1)
- Is there a fair, reasonable and equitable pricing policy for short reporting requests?
Sanctions
A breach of Article 17 falls under Article 32/2: an administrative fine of one to three per cent of the gross commercial communication revenue for the month preceding detection, not less than TRY 1,000 for radio and TRY 10,000 for television and on-demand services. Under the second track of Article 32/5, more than twenty breaches within one year start the suspension ladder.
The duration limit is covered in the ninety-second guide and the payment question in the short reporting payment guide.