That broadcasts made over the internet are subject to an RTUK licence is governed by Art. 29/A, added by Art. 82 of Law No. 7103 of 21/3/2018.
The Licence Requirement - Art. 29/A/1
Media service provider organisations holding a temporary broadcasting right and/or a broadcasting licence from the Supreme Council may also provide their broadcasts over the internet with those rights and licences, in conformity with this Law and with the provisions of Law No. 5651 of 4/5/2007. Media service providers wishing to provide radio, television and on-demand broadcasting services only over the internet must obtain a broadcasting licence from the Supreme Council, and platform operators wishing to transmit those broadcasts over the internet must obtain a broadcast transmission authorisation from the Supreme Council.
| Situation | What is required |
|---|---|
| An organisation already licensed | May also provide over the internet with its existing licence |
| Broadcasting only over the internet | A broadcasting licence from the Supreme Council |
| A platform transmitting over the internet | A broadcast transmission authorisation from the Supreme Council |
Those Outside the Scope - Art. 29/A/4
The Sanction for Unlicensed Broadcasting - Art. 29/A/2
Where it is established that the broadcasting services of natural and legal persons who do not hold, or whose temporary broadcasting right and/or licence from the Supreme Council has been revoked, are being transmitted over the internet:
| Stage | Content |
|---|---|
| Request | On the request of the Supreme Council |
| Deciding authority | A magistrates' criminal judge |
| Decision | Removal of the content and/or blocking of access |
| Period | The magistrates' criminal judge decides the request within twenty-four hours at the latest without holding a hearing |
| Implementation | The decision is sent to the Information and Communication Technologies Authority |
| Objection | Under the provisions of Criminal Procedure Code No. 5271 |
The same paragraph says that the third and fifth paragraphs of Art. 8/A of Law No. 5651 apply to the decision given.
Broadcasts Directed at Turkey from Abroad - Art. 29/A/3
The provisions of the second paragraph also apply to:
- Media service providers or platform operators under the jurisdiction of another country that the Supreme Council has established broadcast contrary to the international agreements and to this Law, even if the content or hosting provider is abroad,
- Broadcasting organisations broadcasting in Turkish towards Turkey over the internet, or which, although their broadcasting language is not Turkish, give place to commercial communication broadcasts directed at Turkey.
For those organisations to be able to continue their broadcasts over the internet it is compulsory for them to obtain a broadcasting licence from the Supreme Council and for platform operators to obtain a broadcast transmission authorisation.
The Implementing Regulation - Art. 29/A/5
The procedures and principles relating to the provision and transmission of broadcasts over the internet, to the grant of a licence and authorisation, to supervision and to the application of the article are governed by a regulation to be issued jointly by the Supreme Council and the Information and Communication Technologies Authority within six months of the date the article entered into force.
Questions for Assessing Scope
- Does the service provided contain a programme catalogue under editorial responsibility? (Art. 3 - on-demand broadcasting service)
- Is the broadcast presented as a flow? (a radio/television broadcasting service)
- Is the activity individual communication? (Art. 29/A/4 - outside the scope)
- Is the platform dedicated to transmitting broadcasts? (if not dedicated, outside the scope)
- Is only hosting being provided? (outside the scope)
- Is the broadcast in Turkish and directed at Turkey? (Arts. 29/A/3 and 2/4)
Summary
Art. 29/A of Law No. 6112 imposes on those providing radio, television and on-demand broadcasting services only over the internet the requirement to obtain a broadcasting licence, and on those transmitting them over the internet the requirement to obtain a broadcast transmission authorisation. Individual communication, platforms not dedicated to transmitting broadcasts and those merely hosting are outside the scope. In unlicensed broadcasting a magistrates' criminal judge may decide the Supreme Council's request within twenty-four hours, ordering removal of the content and/or blocking of access.