On February 21, 2022, Turkey’s Radio and Television Supreme Council (RTUK), which is in charge of enforcing the regulatory framework governing broadcasting in the country, put three international online media outlets on notice that they must apply for a license to provide internet-based on-demand audiovisual services. RTUK had discovered that the three outlets — DW Turkce (Deutsche Welle), Amerikanin Sesi (Voice of America) and Euronews — were providing on-demand and live video services targeting a Turkey-based audience on their websites without a license. RTUK gave the media platforms 72 hours to comply with the licensing requirement. Failure to obtain the licenses could result in RTUK blocking access to or removing content on the sites and imposing criminal sanctions.
Legal Background to RTUK’s Action
According to article 29/A of Law No. 6112 on the Establishment of Radio and Television Broadcasting Services — which was added to Law No. 6112 by an amendment in 2018 — the provision of radio, television, and on-demand audiovisual services is subject to licensing. Significantly, article 29/A provides that the scope of the licensing requirements also covers online media service providers and hosting service providers that are located outside of Turkey but target an audience within Turkey with Turkish-language content or commercial content in any language. (Law No. 6112, art. 29/A(3).) Provision of the covered services without a license is subject to blocking or removal of the offending content by a court order in response to a complaint filed by RTUK. The court must render its decision in an ex parte proceeding within 24 hours of RTUK filing its complaint. The media service provider may file an appeal against the decision of the court. (Art. 29/A(2).) Moreover, natural persons and the directors and general manager of corporate entities engaging in the unlicensed provision of services may be subject to criminal prosecution and punished by one to two years in prison or a criminal fine, or both. (Art. 33/1.)
Under article 10 of the Regulation on the Provision of Radio, Television, and On-Demand Audiovisual Services on the Internet, if RTUK discovers through a complaint or an audit that an outlet is violating article 29/A of Law No. 6112 by providing online audiovisual services without a license, RTUK must notify the provider with a notice published on the RTUK website that unless the provider obtains a license within a determined grace period, an action will be brought in court to block access to or remove the offending content, and criminal complaints may be filed with the prosecutor in accordance with the criminal provisions of Law No. 6112.
Reactions to RTUK’s Action
Voice of America reported that this was the first time RTUK had used its audit powers on online media platforms that were not located in Turkey and, along with other commentators, including journalist Ilhan Tasci — an RTUK member currently holding a seat reserved for the main opposition party, CHP, within RTUK’s multipartisan structure — criticized RTUK’s action as evidence of growing government control over journalism critical of the government. RTUK published a response to such criticisms in a press release published on its website, stating that many foreign and international media organizations have duly obtained licenses without encountering problems and characterizing the criticisms as unfair. According to media reports, Deutsche Welle and Voice of America have stated that they won’t apply for licenses and will appeal against RTUK’s decision.