Licensing Requirements for Broadcasting, License Fees and Paying Royalties

1. Licensing Requirements for Broadcasting

“Broadcasting License” means the certificate of permission issued separately for each broadcasting type, technique and network by RTÜK to media service providers to allow them to broadcast using any kind of technology via cable, satellite, terrestrial and similar networks.

There are different licenses to be obtained in order to establish an online broadcasting platform and broadcast transmission for on-demand broadcasting services in Turkey.

As per online broadcasting, Regulation on “Radio, Television and On-Demand Broadcasts on the Internet” (“Broadcasting Regulation”) sets forth licensing requirements regarding three (3) types of licenses. The first regards radio-based broadcasting online, namely, INTERNET-RD broadcasting license. The second regards television-based broadcasting online, namely, INTERNET-TV. The third one regards on-demand broadcasting online, namely, INTERNET-IBYH.

All digital broadcasting platforms that will broadcast in Turkey must first be authorized by RTÜK under “Information and Communication Technologies Authority” (“BTK”) supervision to provide electronic communication services and the term of a broadcasting license is ten (10) years.

The administrative and financial requirements that media service providers, platforms and infrastructure operators must comply with, as well as the principles related to the broadcast license and broadcast transmission authority, are determined by RTÜK. A “broadcast transmission certificate” is issued by RTÜK to organizations that meet these requirements. All these obligations are explained by the Media Regulation are required to comply with.

According to Law no. 6112 on "Establishment of Radio and Television Enterprises and their Media Services" (“Media Law”), those who provide this service on the internet will be able to operate under the provisions of By-Law on “The Provision of Radio, Television and On-Demand Media Services via Internet Environment” (“Internet Broadcasting Regulation") after obtaining the relevant license. Media service provider organizations that have temporary publishing rights and/or publishing licenses from RTÜK can also submit their publications via the internet with these rights and licenses by being registered by RTÜK. However, media service providers who request to provide broadcasting services only on the internet should obtain a different license to broadcast on the internet (one of the Internet-Radio, Internet-TV or Internet-OnDemand Broadcast Licenses). According to this Internet Broadcasting Regulation, separate licenses must be obtained for the provision of each of these services.

2. Obligations of Media Service Providers & Media Platform Operators

2.1.  Obligations of Media Service Providers

Internet Broadcasting Regulation has regulated the obligations of media service providers which has broadcast license as follows;

• to stop the internet service of on-demand broadcasts that are not considered appropriate by RTÜK, remove them from the programme catalog,
• in order to monitor and evaluate the broadcasting services provided by RTÜK, to allow RTÜK access to the audio and video files used in the broadcasting service, to monitor them remotely and, if necessary, to register them in the RTÜK recording system, to grant RTÜK the number of subscription rights requested by RTÜK, the necessary software and hardware with all kinds of licenses and usage rights,
• encrypting audio along with the image in encrypted broadcasts in an incomprehensible way
• informing RTÜK of the Internet addresses, address, and registered e-mail address where the broadcasting service will be offered, the name and contact information of the responsible director and audience representative, as well as changes related to them, and posting them on their website,
• to keep the records for one year from the date of broadcast,
• to deliver a copy of the record requested by the RTÜK within ten (10) days after the notification,
• notifying RTÜK of programme catalogs for on-demand broadcasts,
• informing viewers about the content of the programme services using the protective symbol system,
• to declare their commercial communication revenues that they obtain in accordance with the provisions of By-Law on “The Principles and Procedures relating to the Monitoring of the Commercial Communication Revenues” obtained by the media service providers and their Declarations and Payments of the Shares of RTÜK to be made over these revenues and make the payment of that amount of the share to RTÜK, and
• to make a payment to RTÜK amounting to 0,5% of their net income that they have collected from their sales until the end of the month of April of each following year in case they provide their services to their users by means of a conditional access module or in return for a fee.

These requirements stated above are related to the internet broadcasting license according to Internet Broadcasting Regulation, however RTUK's content control mechanism is similar with TV and Radio.

2.2.  Obligations of Online Media Platform Operators

Internet Broadcasting Regulation has regulated the obligations of media service providers which has broadcast license as follows;

• not to transmit the publications of media service providers that do not have a broadcast license, whose broadcast license period has expired or revoked, ·     informing RTÜK of the number of users joined to their conditional access module to whom it provides conditional access at the beginning of December each year and when requested by RTÜK,
• to get their broadcasts that they transmitted off to RTÜK if such a request is made by it in a way to be recorded by RTÜK’s recording system and allot the subscription rights in the number to be demanded by RTÜK and, for this purpose, the necessary software and hardware along with them with all their licenses and their rights of use,
• providing remote monitoring by allowing access to RTÜK,
• to allow RTÜK to access the audio and video files that are used in their broadcasts for RTÜK to view them from a remote location and if needed, to ensure the recording of these files into RTÜK’s recording system,
• at the beginning of October of each year, reporting the title, address, telephone number, logo/call sign, license type and country and language of broadcasting of the media service provider to which their broadcasts are transmitted, are listed; Notify any changes related to these within one month at the latest from the date of the change,
• to make a payment to RTÜK amounting to 0,5% of their net income that they have obtained from their sales until the end of the month of April in each following year as an additional payment to the authorization fee for the transmission of their media services if they provide them via a conditional access module and ·     to inform RTÜK about the website addresses through which they make the transmission of their media services, information of their identity, their addresses, and their registered e-mail addresses and on any changes regarding their declared information and publish all of this information on their website.

All these obligations and mandatory procedures also apply to foreign media service providers who request to broadcast on the internet or offer to broadcast transmission services via internet. Those who violate the relevant provisions may face sanctions such as cancellation of broadcast licenses, removal of content and/or blocking access and filing criminal charges. Any digital platform broadcasting any kind of video content must be found in accordance with the regulations of BTK and RTÜK and comply with local laws.

3. The Regulations Related with Website/Digital Media Being Registered as a Mass Media in Türkiye and Being Accredited as a Mass Media in the Official Government Bodies of Türkiye

There is no specific legal regulation on electronic publishing such as online-gazettes in Türkiye. The legal regulations regarding electronic publishing in Türkiye are stated only in the (i) Turkish Criminal Code No. 5237, (ii) the Intellectual and Artistic Works Law No. 5846 and (iii) the Organization of Publications Made On The Internet And Fighting Against Crimes Committed Through These Publications Law No. 5651. There is no legal regulation regarding electronic publications in the Press Law No. 5187. It is possible to share news in any language through the website/digital media. However, as in every internet site, those who produce the relevant content on these news sites have some responsibilities. In the Law No. 5651, natural or legal persons who produce, modify and provide all kinds of information or data presented to users via the internet environment are defined as content providers.

According to Law No.5651, the content provider is responsible for all kinds of content that it makes available on the internet. The content provider is not responsible for the content belonging to someone else to which it provides a link. However, it is responsible if it is clear from the way it is presented that it adopts the content it links to and that it aims to reach the user to that content. However, the contact information of the owner of the website, the Editor-in-Chief who will assume the legal responsibility, and the website's contact information must be clearly and fully published on the news site. In this way, it will be clearly stated who to contact in case of a crime or violation of personal rights through these publications. For this purpose, it is necessary to include the "masthead" section on the site.

"Periodicals" or ”periodical publications” use as news agencies with certain published works such as newspapers, magazines in the Press Law. In order for this license, a contracted publication to enter our life, a publication and an application for the remuneration of a responsible director and the Office of the Public Prosecutor are required. According to this draft regulation, real and legal persons and public and monthly rentals can be rented, a citizenship restriction is not sought in this regard. The owner of the work and the owner of the publication are jointly and severally liable for the material and moral damages arising from the acts committed in the printed works.

4. Broadcasting License Fees.[1]

The License fees according to the RTÜK for each type of licenses are given below.

“Television broadcasting service”, a broadcast of programs it is an encrypted or unencrypted audio-visual broadcasting service offered by a media service provider in order to be watched based on a flowchart. It is generally Free TV.

“On-demand broadcasting” is the presentation of programs at a time of the user's choice and at his/her individual request, depending on a catalog of programs organized by the media service provider and through direct or conditional access.

So the main difference between them is that the presentation of their content depends on a catalog from which the viewer will choose the type and time of broadcast or a predetermined broadcast stream.

5. Requirements to File Reports and Pay Royalties to Societies for the Collective Management of Copyrights

According to the Law no 5846 on “Intellectual and Artistic Works”, for intellectual and artistic works to be used in publications and broadcasts, permission must be obtained from the right holders or the professional associations of which they are members, and financial rights payments must be made. In addition, organizations that will broadcast and/or transmit are obligated to inform these unions about the work, performance, the lists of phonograms and productions.

The usage fees for the “Turkish Musical Work Owners Professional Association” (“MESAM”), which is one of the most active professional associations, are given below of this article.

The fees stated below and reporting requirements stated above do not apply to the broadcasters if the broadcaster has acquired a license for all third party content and has acquired a license for a music library to use its own content.

6. Fees Paying to MESAM.[2]

** Music Work Fees for TV Broadcasting Services on Diverse Levels

** Music Works Fees for Platform Operators on Subscription Based - Videos

[1] https://www.rtuk.gov.tr/2023-yili-lisans-ve-yetkilendirme-ucretleri/1730

[2] https://www.mesam.org.tr/UserFiles/files/2023%20Y%C4%B1l%C4%B1%20MESAM MSG%20Genel%20Lisanslama%20Ortak%20Tarifesi.pdf

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