The rule is freedom. Article 4/1: “The reception and retransmission of broadcasting services shall be free. Retransmission may be restricted only within the framework of the relevant provisions of international agreements to which the Republic of Turkey is a party.”
Two sides of the freedom
| Concept | Rule |
|---|---|
| Reception of broadcasting services | Free |
| Retransmission of broadcasting services | Free |
| Possibility of restriction | Only within the relevant provisions of international agreements to which Turkey is a party |
The power of restriction in the second sentence is narrow: the Law does not give RTUK a general power to restrict; it ties restriction to the provisions of international agreements.
What is not retransmission
Article 4/2 carves out an important exclusion: “The transmission by a media service provider undertaking of the same broadcasting service simultaneously and without alteration over different environments such as satellite, cable and terrestrial shall not be regarded as retransmission.”
A channel delivering its own output over several environments at the same time and unchanged is therefore not retransmitting. Three conditions apply together:
- It must be the same broadcasting service
- It must be transmitted without alteration
- It must be simultaneous
If one condition fails — different advertising breaks in one environment, or a delayed relay — the position is reassessed under the retransmission regime.
Copyright is reserved
Article 4/3: “Without prejudice to the provisions of Law No. 5846 on Intellectual and Artistic Works, the procedures and principles of retransmission shall be regulated by a regulation to be issued by the Supreme Council.”
The same distinction appears in short reporting
The Law repeats the distinction in Article 16: television broadcasters holding exclusive rights to events of major importance for the public must provide other broadcasters with a short reporting right “within the scope of Law No. 5846 … against payment on a fair, reasonable and equitable basis” (Art. 16/1). Broadcasting legislation compels access; it does not remove payment or the copyright framework.
Sanctions
Breaches of Article 4 and of the RTUK regulation made under it fall under Article 32/2: an administrative fine of one to three per cent of gross commercial communication revenue, not less than TRY 1,000 for radio and TRY 10,000 for television and on-demand services. Because the paragraph also covers providers that “fail to fulfil the obligations determined by the Supreme Council within the scope of this Law”, breach of the regulation issued under Article 4/3 is assessed in the same band.
Where broadcasting is unlicensed the consequence is criminal: under Article 33/1 natural persons and, for legal persons, board members and the general manager who broadcast without a licence, or despite revocation, face one to two years’ imprisonment and a judicial fine of one thousand to five thousand days.
The short reporting regime is covered in the short reporting guide and the consequences of revocation in the licence revocation guide.