The on-demand broadcasting service - widely known as VOD - is one of the three broadcasting services defined by Law No. 6112 and is subject to the same licensing regime as radio and television.
The Definition
Art. 3: an on-demand broadcasting service is 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.
Step 1 - The Company Structure
Art. 19(a): a broadcasting licence is issued to joint stock companies formed under the Turkish Commercial Code exclusively for the purpose of providing radio, television and on-demand broadcasting services. One company may provide only one radio, one television and one on-demand broadcasting service.
| Condition | Content | Subpara. |
|---|---|---|
| Company type | A joint stock company | a |
| Purpose | Exclusively broadcasting services | a |
| Number of services | One radio + one TV + one on-demand | a |
| Shares | Registered; usufruct certificates may not be created | c |
| Privileged shares | No domestic or foreign shareholder may hold them | g |
| Foreign capital | Direct total share may not exceed 50% of the paid-in capital | f |
Step 2 - Who Cannot Obtain One
The prohibition list in subparagraph (b) applies here too: political parties, trade unions, professional organisations, cooperatives, unions, associations, local authorities and the companies they establish or in which they are direct or indirect partners, together with capital market institutions.
Step 3 - The Licence Application
Art. 27/1: a separate licence is obtained for each broadcasting technique and environment, and the environment for which the licence is issued is expressly stated on the licence document.
Where the service will be offered solely over the internet, Art. 29/A applies: 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.
The same paragraph also governs transmission: platform operators wishing to transmit those broadcasts over the internet must obtain a transmission authorisation from the Supreme Council.
Step 4 - Notifying the Broadcast Type
Art. 14: broadcasting services may be general or thematic in content; organisations notify the Supreme Council in writing of the type of their broadcasts at the licence application and the type is expressly stated on the licence document. Broadcasts must be made in the type notified and in the language chosen; the type may be changed with the Supreme Council's permission.
The Life of the Licence
| Issue | Provision | Article |
|---|---|---|
| Period | Ten years | Art. 27/2 |
| Transfer of a terrestrial licence | Cannot be transferred | Art. 27/3 |
| Ceasing activity | The licence is returned to the Supreme Council | Art. 27/3 |
| Memorandum amendments | Notified to the Supreme Council within one month | Art. 19/1-a |
The Supreme Council's Power of Refusal
After Broadcasting Begins
- Broadcasting service principles (Art. 8) - breaches carry warnings, programme suspension and, on repetition, sanctions up to revocation of the licence
- A viewer representative (Art. 22) - with at least ten years of professional experience, announced to the public and notified to the Supreme Council
- News unit staff (Art. 23) - the Supreme Council sets the minimum number of press-card-holding staff, who are subject to Law No. 5953
- Retention of the broadcast record - the record of a broadcast under investigation or prosecution is kept until the proceedings conclude
Summary
- An on-demand broadcasting service requires a joint stock company formed exclusively for broadcasting, with registered shares, and an RTUK broadcasting licence.
- One company may offer only one on-demand service; offering it solely over the internet is also licensed under Art. 29/A.
- The licence period is ten years and the broadcast type is stated on the licence document.