The Draft Regulation on Radio, Television and On-Demand Broadcasting Provided Through the Internet Platform ("Draft") which has been drafted under the Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Broadcasting Services ("Law No. 6112") and the Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting ("Law No. 5651"), in order to determine the procedures and principles in relation with the radio, television and on demand broadcasting services through the internet and the transmission of these services has been disclosed for public opinion on September 27, 2018 on the website of the Radio and Television Supreme Council ("RTSC").

The Scope of the Draft

The Draft covers the radio, television and on demand broadcasting services through the internet, private media service providers offering these broadcasting services, and platform operators providing the transmission of such broadcast services and regulates that (i) individual communication services, (ii) platforms that are not dedicated to transmitting radio, television and on demand media services through internet platform, (iii) real and legal persons who only provide hosting to radio, television and on-demand broadcasting services are not within the scope of and therefore are not subject to the regulations introduced therein. In this respect, as per the wording of the Draft, the following activities and services may be deemed exempted:

  • Individual communication: Although the definition included in the Draft is not clear, the communication activities between the individual parties such as chatting, posting images, texts, footages or voice records via closed communication or on a timeline (basically activities of the individual social media users)
  • Multipurpose platforms: Platforms that are not exclusively dedicated to transmitting radio, television and on-demand broadcast services through internet
  • Hosting service: Those, who provide hosting services for radio, television and on-demand broadcast activities (this extends to the infrastructure service providers such as cloud providers, but not to the service providers that provide hosting platforms for the content publishing activities but)

Draft also regulates that the provisions of the Draft shall be applicable for (i) media service providers under another country's jurisdiction, which are detected by RTSC while operating contrary to the provisions of the Law No. 6112 and international treaties at which Republic of Turkey is a party of and which are within the framework of the RTSC's jurisdiction, even though the host and content providers are located out of Turkey and (ii) broadcasting services of broadcast entities which broadcast to Turkey in Turkish language on internet or which includes commercial communications broadcasting for Turkey even though the broadcasting language is not Turkish.

License Requirement

Draft regulates that media service providers, which prefer to provide radio, television and on-demand broadcasting services only on internet, shall obtain a broadcast license from RTSC. However, the media service providers which already have the right of temporary broadcasting and/or broadcast license from the RTSC, can carry out such operation on internet in accordance with the provisions of Law No. 6112 and Law No. 5651, on condition that they notify RTSC regarding the URL addresses and/or the platform operator related to transmission of the broadcasts and obtain RTSC's approval in this regard.

As limited by the Draft, a media service provider may only provide one radio, television and on-demand broadcasting service and is obliged to obtain separate licenses for each service. In this respect, a media service provider shall obtain license for each broadcasting operation provided via separate platform and each streaming operation provided via separate channels. On the other hand, Draft requires separate licenses to be obtained regarding each individual broadcast technique and platform for providing the internet broadcasts on cable, satellite, terrestrial and through such platforms.

Platform operators shall obtain broadcast transmission license from RTSC to transmit radio, television and on-demand broadcast services on internet.

As of the effective date of the Draft:

  • Real and legal persons providing radio, television and on-demand broadcasting services through internet and without any broadcasting license and/or right in line with the relevant legislation regarding terrestrial, satellite, cable or other types of broadcasting and which provide broadcasting also through internet may continue their broadcasting operations, provided that they apply to RTSC and present required information within 1 (one) month.
  • Real and legal persons providing radio, television and on-demand broadcasting services through internet and without any broadcasting license and/or right in line with the relevant legislation regarding terrestrial, satellite, cable or other types of broadcasting may continue providing broadcasting services until the granting of a broadcasting license is completed in case they apply for an internet broadcasting license within 1 (one) month. (In case they do not apply for an internet broadcasting license within this period, or they do apply for an internet broadcasting license, but they do not complete the required documents within the time granted by RTSC, RTSC may take the actions, explained under the 'Services Provided Without License' Section, below)
  • The platform operators providing the transmission of internet broadcasting services shall apply to RTSC within 1 (one) month. (In case they do not apply for an internet broadcasting transmission license within this period, or they do apply for an internet broadcasting license, but they do not complete the required documents within the time granted by RTSC, RTSC may take the actions, explained under the 'Services Provided Without License' Section, below)

License Types

Depending on the service type, media service providers shall be provided with (i) INTERNET- RD license for radio broadcasting through internet, (ii) INTERNET-TV license for television broadcasting through internet, (iii) INTERNET- IBYH license for on-demand broadcasting through internet.

License Fees1

Broadcasting license fees regulated under the Draft are as follows:

  • Broadcasting license fee for INTERNET-RD is TRY 10,000.00
  • Broadcasting license fee for INTERNET-TV is TRY 100,000.00
  • Broadcasting license fee for INTERNET-İBYH is TRY 100,000.00
  • Thematic broadcasting license fees for online teleshopping is calculated as fivefold of the abovementioned fees
  • Media service providers that provide broadcasting services for a fee and/or subscription and on conditional access basis shall pay 0.5% of the annual net sales to RTSC until the end of April of the following year

Internet broadcasting transmission license fees regulated under the Draft are as follows:

  • Fee for obtaining internet broadcasting transmission license is TRY 100,000.00
  • Internet broadcasting platform operators who provides conditional access shall pay the 0.5% of the annual net sales to the RTSC until the end of April of the following year.

Requirements and Application for License

  • Internet broadcasting licenses shall be exclusively granted to joint-stock companies, which are established in accordance with the provisions of the Turkish Commercial Code. Internet broadcasting license applications shall be made with the following documents:
    • Statement of claim addressed to RTSC addition to filled and signed application forms
    • Turkish Trade Registry Gazette regarding the Articles of Association and the amendments (if any),
    • Financial advisor report showing that the capital amount is paid,
    • Turkish Identity Number, declaration of place of residence and not having a judicial record, notary approved copy of passport for foreign nationals of partners, members of board of directors, general manager and managing director and assistant general manager (if any),
    • Decision of the Board of Directors regarding the logo and/or the call sign to be used with a copy of documents showing the application and/or right of ownership in this regard,
    • Signature circular of persons authorized to represent,
  • Internet broadcasting transmission licenses shall be exclusively granted to the limited or joint-stock companies established in accordance with the provisions of the Turkish Commercial Code. Internet broadcasting transmission license applications shall be made with the following documents:
    • Statement of claim addressed to RTSC addition to filled and signed application forms
    • Turkish Trade Registry Gazette regarding the Articles of Association and the amendments (if any),
    • Turkish Identity Number, declaration of place of residence and not having a judicial record, notary approved copy of passport for foreign nationals of partners, members of board of directors, general manager and managing director and assistant general manager (if any),
    • Signature circular of persons authorized to represent,
    • Information and documents regarding the conditional access system

It is regulated that RTSC will evaluated the aforementioned applications in accordance with the Law No. 6112 and applicable legislation, upon the application. However, Draft does not foresee any time limit for the evaluation to be made by RTSC and/or approval period.

Further technical criteria regarding the provision and transmission of broadcasting services on internet can be determined by RTSC by considering national and international standards and technological developments.

Services Provided Without License

In case RTSC determines that the broadcast services or broadcast transmission services are provided without having internet broadcasting or internet broadcasting transmission license, RTSC publishes an announcement on the website and notify such service providers of the following matters:

  • Services may be continued for 3 (three) months, in case application for license is made with the advance payment of 3 (three) months license fee
  • In case the application is not completed within the mentioned period services may continue for additional 3 (three) months in case application for license is made with the advance payment of 3 (three) months license fee
  • RTSC will file a request to criminal court for the removal of content and/or access blocking and further file a criminal complaint in case application and payment is not submitted and services are not suspended within 72 (seventy-two) hours following the announcement

Significant Obligations

Media service providers and internet broadcast platform operators shall be subject to the RTSC's content's regime, which is regulated under the Law No. 6112 and censuring alcohol, tobacco products, drugs, gambling and nudity; and further obligation set forth under the Draft such as providing access to RTSC and informing.

Conclusion

The service providers that are providing audial and/or visual broadcasting services, addressed to Turkish market or users located in Turkish territory, such as broadcasting training programs, podcasts and amateur radio programs should analyse their services under the Draft; and either proceed in accordance with the Draft to obtain the necessary licences and otherwise comply with the regulations introduced thereof or modify their services, in a way ensuring that they are not falling under the scope thereby.

Since the license application period is too short (1 month) for existing service providers, service providers providing the relevant services should be able to take quick actions. In any case, it should be noted that it is not required to immediately establish a company within Turkey and instead the relevant service providers may first apply to RTSC for obtaining the license and then establish their company pursuant to the Draft and take the other necessary compliance measures.

Footnote

1 License fees will be annually determined and announced by RTSC and RTSC will increase such license fees in accordance with the revaluation ratio that is annually designated and announced by the Ministry of Treasury and Finance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.