Obtaining internet broadcasting license in Turkey
One of the issues that recently Turkey’s most talked about was the introduction of controls on broadcasts from the Internet. The new arrangement, the Regulation on the Transmission of Radio, Television and On-Demand Services on the Internet (hereinafter referred to as ‘Regulation’), which entered into force on 01.08.2019, has been introduced according the Law on the Establishment and Broadcasting Services of Radios and Televisions (Law No. 6112 ) which came into force back in 2011. In this current Regulation, the procedures and principles regarding the presentation, transmission of radio, television and on-demand broadcasting services on the internet, licensing of broadcasting services to media service providers, and authorization of broadcast transmission authorization for platform operators and the control of such broadcasts are specified.With this regulation, media service providers who want to provide radio, television and on-demand broadcast services only by the internet have been obliged to obtain broadcast licenses from the Radio and Television Supreme Council (RTÜK).
There are 3 types of licenses issued in the Regulation;
- Media service providers that request license for providing radio transmissions from internet should obtain INTERNET-RD broadcast license.
- Media service providers that request license for providing television transmissions from internet should obtain INTERNET-TV broadcast license.
- Media service providers that request license for providing on-demand transmissions from internet should obtain INTERNET-İBYH broadcast license.
In this brief, Article 7 of the Regulation, which contains the necessary regulations for the application of a broadcast license, will be examined.
The first condition stipulated for the application for a broadcast license via internet is the provision of the broadcasting service by joint stock companies established in accordance with the Turkish Commercial Code. For this reason, it will not be possible to apply for a broadcast license on internet for companies including foreign companies that have not been established in accordance with Turkish commercial law.
The documents that should be submitted for the broadcast license application to the Radio and Television Supreme Council (RTÜK) are specified in the regulation. According to the article 7;
- Statement of claim for RTÜK,
- Filled documents that are prepared for Internet Broadcast License by RTÜK,
- Articles of association and commercial registry gazette if there is any changes in the arcticles of association,
- The financial advisor’s report indicating that the minimum capital amount stipulated in Article 332 of the Turkish Commercial Code No. 6102 dated 13/1/2011 has been paid.
- T.C. identification number, declaration of place of residence and declaration of absence of criminal record, notarized copy of passport for foreign nationals of Partner, members of the board of directors, general manager and responsible manager and, if any, assistant general manager,
- The decision of the board of directors about The logo and / or call sign that will be used and the documents showing the application and / or ownership rights in this regard.
- Circular of signature of authorized persons.
should be submitted .
In the event that the other requirements of the Regulation are met and the documents specified are submitted, Internet Broadcast License can be given by RTÜK after a total consideration that is made according the Law no:6112.