The basic statute of broadcasting in Turkey is Law No. 6112 of 15/2/2011 on the Establishment of Radio and Television Enterprises and Their Broadcasting Services. The scope article determines in five paragraphs to whom the Law applies.
Purpose - Art. 1
The purpose of this Law is to determine the procedures and principles relating to the regulation and supervision of radio, television and on-demand broadcasting services, to securing freedom of expression and of obtaining information, to the administrative, financial and technical structures and obligations of media service providers, and to the establishment, organisation, duties, powers and responsibilities of the Radio and Television Supreme Council.
Scope - Art. 2/1
This Law covers matters relating to radio, television and on-demand broadcasting services made under the jurisdiction of the Republic of Turkey by electromagnetic waves or other means, by any technique, procedure and instrument and under whatever name.
Who Is Deemed "Established in Turkey"? - Art. 2/2
The basic rule is in subparagraph (a): a media service provider is deemed established in Turkey where the head office of the company is in Turkey and the editorial decisions relating to the broadcasting services are taken within the borders of Turkey.
Where those two elements diverge, more complex rules come into play:
| Situation | Result | Subpara. |
|---|---|---|
| The head office is in Turkey but the editorial decision in another state party to the European Convention on Transfrontier Television (or the reverse) | Established in the country where a significant part of the workforce carrying out the broadcasting activity is located | b |
| The workforce is in both countries and the concentration cannot be established | Established in the country where the head office of the company is located | b/1 |
| The workforce is not concentrated in either | Established in Turkey if it began earlier in Turkey and has a stable and effective connection with the Turkish economy | b/2 |
| The editorial decision or the head office is in a state not party to the Convention | Established in Turkey if a significant part of the workforce is in Turkey | c |
The Satellite Rule - Art. 2/3
Where the second paragraph cannot be applied, the following are deemed to be under the jurisdiction of the Republic of Turkey:
- (a) Media service providers using a satellite link located within the borders of Turkey,
- (b) Media service providers using capacity on satellites belonging to Turkey even if they do not use that link.
The 2017 Addition: The Turkish Language Rule - Art. 2/4
Its Relationship with Law No. 2954
TRT too is a media service provider and is subject to the obligations of Law No. 6112. Article 45 governs that separately. We cover TRT's own statute, Law No. 2954, in the TRT guide.
The Constitutional Basis
The last sentence of Art. 26/1 of the Constitution: this provision does not preclude making transmissions by radio, television, cinema or similar means subject to a system of permission. Art. 133/1: establishing and operating radio and television stations is free within the framework of the conditions to be regulated by law.
We cover the detail in the Art. 133 guide.
Summary
Law No. 6112 regulates and supervises radio, television and on-demand broadcasting services; securing freedom of expression and of obtaining information is among its purposes. The scope rests on the criterion of the jurisdiction of the Republic of Turkey: the head office of the company and the place of editorial decisions are the basis; where they diverge, the concentration of the workforce and satellite use come into play. By the paragraph added in 2017, organisations broadcasting in Turkish towards Turkey are brought within the scope without regard to the other tests.