On this question the legislation speaks from two different places, and they can produce different outcomes. Answers given without seeing the distinction are misleading.
First Door: Law No. 5187 - The Internet News Site
When Law No. 5187 was amended by Law No. 7418, the phrase "internet news sites" entered the statute and was added to the definition of a periodical in Art. 2. But the Law gives no separate definition of that phrase.
The Definition in the Regulation
Art. 4 of the Press Card Regulation defines an internet news site: "a periodical established and operated for the purpose of presenting, at particular intervals in the internet environment, written, visual or audio content in the nature of news or comment."
What is decisive here is the phrase "written, visual or audio content". The content is not required to be text - video is within the definition.
| Element of the definition | On a video channel |
|---|---|
| Being in the internet environment | Met |
| Presentation at particular intervals | Met if there is a regular publishing schedule |
| Content in the nature of news or comment | Met if news/comment; not met if entertainment or promotion |
| Written, visual or audio content | Video is within this |
| Being a periodical established and operated for that purpose | Met where there is a declaration and a responsible editor |
The obligations Law No. 5187 imposes on news sites show the same uncertainty: the imprint is kept "in a way that can be reached directly from the home page and under a contact heading" (Art. 4). How that condition is to be met on a channel hosted on a third-party platform does not follow from the text.
Second Door: Law No. 6112 - Broadcasting Services
The decisive provision is here. Art. 29/A of Law No. 6112 (added by Law No. 7103 of 21/3/2018) provides:
"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, and platform operators wishing to transmit those broadcasts over the internet must obtain a transmission authorisation from the Supreme Council."
| Activity | Which regime |
|---|---|
| A site publishing text news at particular intervals | Law No. 5187 - declaration, imprint, archive |
| A radio/TV broadcasting service over the internet | Law No. 6112 Art. 29/A - an RTUK broadcasting licence |
| An on-demand broadcasting service (a catalogue) | Law No. 6112 Art. 29/A - an RTUK broadcasting licence |
| A licensed organisation also offering its broadcast over the internet | Law No. 6112 Art. 29/A first paragraph - possible under the existing licence |
The Decisive Concept: "Broadcasting Service"
Art. 3 of Law No. 6112 defines editorial responsibility: having the power of arrangement and control over the content and selection of programmes and over their presentation within a broadcasting schedule for radio and television services, or within a catalogue for on-demand services.
The Consequence of Broadcasting Without a Licence
The second paragraph of Art. 29/A governs the process to be applied where the Supreme Council finds that the broadcasting services of natural or legal persons who hold no provisional broadcasting right and/or licence from the Supreme Council, or whose right and/or licence has been revoked, are being transmitted over the internet.
Third Door: Employees
The position under Law No. 5953 is clearer. The scope list in Art. 1 covers newspapers, internet news sites, periodicals and news and photograph agencies; radio and television are not on that list.
Summary
- Law No. 5187 does not define the phrase; the definition is in Art. 4 of the Press Card Regulation and expressly allows visual or audio content.
- A video channel producing news or comment at regular intervals may carry the elements of the definition.
- Art. 6112 Art. 29/A is clear: offering a radio, television or on-demand broadcasting service solely over the internet requires an RTUK broadcasting licence.
- Confirm which regime your channel falls under before you start.