Legal Background of Media Regulations in Türkiye

02.01.2023

Contents

I.     Overview

The media sector in Türkiye is growing and changing with each passing day, just like in the world, and the laws follow these changes. As a matter of fact, there are many laws and international agreements concerning the media & entertainment industry in Türkiye. In addition, some independent auditing institutions have been established in order to provide a discipline and competitive environment in the Turkish media sector.

Freedom of the press and expression are among the fundamental rights and freedoms recognized by many international agreements. However, this right may also be limited in certain terms and conditions. In addition, another right that is as important as freedom of the press is the right to intellectual property. Persons have the right to demand the protection of their intellectual product by law. Therefore, there is an inseparable link between intellectual property law and the media in terms of copyright.

With the digitization of everything in the world and the increase in the use of social media, different business areas and different problems have emerged. The most important of these is defrauding people through information systems. Although the law, as a conservative discipline, follows all these developments behind, it still tries to find solutions for each victimization.

In this context, the content of this article includes the most decisive legislation that governs and affects the media & entertainment sector in Türkiye.

II.   Major Regulations for Media Sector

Türkiye has varied legislation for radio and television enterprises and digital broadcasting. The legal framework provides specific rules, in particular media service providers, regulation of property, and media transparency. These rules consist of many regulations at different levels, from the Constitution to sectoral laws and authority decisions. In addition, new laws come into force to meet the new needs that arise with the developing technology. For these reasons, it is necessary to make a careful examination before entering the media and entertainment sector and to follow the current legislation closely.

Among the main sources of media law is the Constitution of Türkiye dated 1982 No. 2709 (“the Constitution”) and international treaties (e.g., the European Convention on Human Rights and European Convention on Transfrontier Television) and they draw a legal framework for media law, especially broadcasting principles. After the Constitution, there are laws and regulations containing regulations on media and entertainment law as secondary legislation. These are guiding regulations for practices in the sector and must comply with the constitution. In addition to these, the decisions of independent regulatory institutions and court decisions also shed light on the sector.

Many articles of the Constitution include regulations that affect media law and draw the framework of media law. The most important of these articles for the media and entertainment sector is Article 28, which regulates freedom of the press, and Article 26, which regulates freedom of expression. Furthermore, many rights that are closely related to media law, such as the right to rectification and reply, and the right to broadcast periodicals or non-periodicals, are mentioned in the Constitution and these rights are constitutionally guaranteed.

One of the most important laws determining the details of the media and entertainment sector is Press Law No. 5187 (“Press Law”). The Press Law includes issues such as the conditions required to be a member of the press or a press organization, and the responsibilities of press organizations. Finally, with Law No. 7418 on the Amendment of Press Law and Some Laws announced in the Official Gazette dated 18.10.2022, some provisions of the Press Law were amended and internet news sites were allowed to be accepted as press organizations in order to adapt to the digitalized media.

In addition, Law No. 6112 on the Establishment and Broadcasting Services of Radio and Television includes provisions on the establishment of the Radio and Television Supreme Council (“RTÜK”) and the regulation of broadcasting services.

In addition, other regulations regarding the media and entertainment sector are as follows:

  • Law on the Right to Obtain Information No. 4982
  • Law on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications No. 5651
  • Law on Radio and Television of Türkiye No. 2954
  • Law on Intellectual and Artistic Works No. 5846
  • Industrial Property Law No. 6769
  • Law on Meetings and Demonstrations No. 2911
  • Law on Protection of Competition No. 4054
  • Law on Electronic Communications No. 5809
  • Turkish Penal Code No. 5237
  • Turkish Code of Obligations No. 6098
  • Turkish Civil Code No.4721
  • Turkish Commercial Code No. 6102

Tagged with: Media, Entertainment, RTÜK, Radio, Television, Press Law, Radio and Television Supreme Council, 7418, 6112, Alper Law Office, Onur Alper, Dilsad Karakus

This website is available “as is.” Turkish Law Blog is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this website, and in no event shall they be liable for any loss or damages.
Ready to stay ahead of the curve?
Share your interest anonymously and let us guide you through the informative articles on the hottest legal topics.
|
Successful Your message has been sent