1^stof August, 2019 THURSDAY                         Official Gazette                                                                  ^{No: 30849}

BY-LAW OF

The Radio and Television Supreme Council and the Information and Communication Technologies Authority

BY-LAW ON

THE PROVISION OF RADIO, TELEVISION AND ON-DEMAND MEDIA SERVICES VIA INTERNET ENVIRONMENT

PART - 1

Purpose, Scope, Statuary Basis and Definitions

Purpose

ARTICLE 1 – (1) The purpose of this By-law is to specify the procedures and principles in granting the broadcasting license to media service providers and the authorisation for the transmission of media services to the platform operators for their provision and transmission of radio, television and on-demand media services via Internet environment and the supervision of the related media services.

Scope

ARTICLE 2 – (1) This By-Law covers the provision of radio, television and on-demand media services via internet environment, the private media service providers providing online media services and the platform operators which ensure their transmission.

(2) Without prejudice to the Authority’s duty and powers:

a)   Individual communication services shall not be deemed as inside the scope of this By-Law;

b)   The platforms not designed for transmitting radio, television and on-demand services via internet environment and

c)   The real and legal persons who give only hosting service for radio, television and on-demand media services shall not be deemed as platform operators in the implementation of this By-Law.

Statuary Basis

ARTICLE 3 – (1) This By-Law has been prepared on the basis of the Articles 19, 27, 29, 29/A, 32, 33, 37,42 and 44 of the Law No. 6112 of 15 February 2011 on the Establishment of Radio and Television Enterprises and Their Media Services and Article 8/A of the Law No. 5651 of 4 May 2007 on the Regulation of the Publications on the Internet and Suppression of Crimes Committed by means of Such Publication.

Definitions

ARTICLE 4 – (1) in the application of this By-Law:

a)   ‘Individual communication’ means the way of providing audio-visual interactivity and communications between persons;

b)   ‘Editorial responsibility’ means having the authority to regulate and control the content and the selection of the programmes and their organization either in a chronological broadcasting schedule in the case of radio and television broadcasting services; or in a programme catalogue in the case of on-demand media services;

c)   ‘Access’ means acquiring the capability of usage by getting connected to an internet environment;

ç) ‘Access Provider’ stands for all types of real and legal persons allowing their users to have a capability of accessing to an internet environment;

d)    ‘Access Prevention’ means preventing the access from a domain name, preventing the access from an IP address, preventing access to a content (URL) and preventing the access by means of similar methods;

e)   ‘Simultaneous broadcasting’ means the transmission of a radio or a television broadcast without making any change over its content, that is made simultaneously via other transmission networks along with the internet environment;

f)   ‘Provisional broadcasting right’ means that the radio and television enterprises presently on air in the terrestrial network may continue their broadcasts on the condition that their broadcasts are kept limited with the settlement places as permitted by the Supreme Council in accordance solely with the Provisional Article 6 of the annulled Law no. 3984 on the Establishment of the Radio and Television Enterprises and Their Media Services within the time frame beginning with the completion of the ranking tender for the terrestrial frequencies by the Supreme Council and ending up with granting the terrestrial broadcasting licenses, as it was regulated in the Provisional Article 4 (1) of the Law no. 6112;

g)   “By-Law on Administrative and Financial Conditions” stands for the By-Law issued by the Official Gazette No. 27965 of 15^th of June, 2011 on the Administrative and Financial Conditions with which Media Service Providers and Platform and Infrastructure Operators are required to comply;

ğ) ‘Removal of a content from broadcasting’ means the deletion of a content from a server or from the hosted content by content providers or hosting service providers;

h)    ‘Internet environment’ means the environment created on internet (global network) which is open to public, remaining outside the sphere of communication and personal or institutional computer systems;

ı) ‘Online On-demand Media Service’ means any media service programs, other than individual communication services, which are viewed or listened to via internet environment directly or through conditional access module at the moment chosen by the user and upon his/her individual request on the basis of a programme catalogue which has been organised by a media service provider;

i)   ‘Authorisation for the online transmission of media services’ means the authorization certificate granted by the Supreme Council to the media platform operators for enabling them to transmit their radio, television and/or on- demand media services via internet environment and/or through mobile applications;

j)   ‘Online Broadcasting Licence’ means the permission certificate granted by the Supreme Council to media service providers to enable them to make online broadcasts of radio, television and/or on-demand services in a way to be received from the internet environment by integrated television receivers, computers, smart phones, tablets and similar devices including mobile applications;

k)   ‘Online radio broadcast’ means, other than individual communication services, audio and data broadcasting via internet environment on the basis of a Broadcasting Schedule;

l)   ‘Online television broadcast’ means, other than individual communication services, any audio-visual media service, encrypted or decrypted, broadcasted by a media service provider via internet environment for the purpose of allowing its programmes to be viewed on the basis of a Broadcasting Schedule;

m)   ‘Online media platform operator’ means any enterprise which provides a large number of radio and television services and/or on-demand media services to its users through ensuring their transmission by means of an URL address belonging to itself and/or mobile applications in a way to be able to be received directly and/or conditional access systems by integrated television receivers, computers, smart phones, tablets or similar devices;

n)   On-demand media service’ means the media services provided for the viewing or listening of programmes at the moment chosen by the user and at his/her individual request on the basis of a programme catalogue organised by the media service provider;

o)   ‘Conditional access module’ stands for all kinds of technical measures and arrangements that ensure access to media services on a conditional basis such as subscription or using any other method that gives permission in advance; ö) ‘User’ means any real or legal person who makes use of radio and television services and on-demand media

services via internet environment. No matter whether or not the user has a subscription;

p)   ‘Authority’ means ‘Information and Communication Technologies Authority (BTK)’;

r)  ‘Media service provider’ means the legal person who has editorial responsibility for the choice of the content of the radio and television broadcasting and on-demand media services and determines the manner in which it is organized and broadcast;

s) ‘Mobile Application’ means the software specifically designed and encoded for the purpose of receiving media contents through the devices such as computers, smart televisions, telephones, tablets and etc…;

ş) ‘Net sale’ stands for the net sales defined in the Additional Article 37 of the Telegram and Telephone Law no. 406 of 4^th of February, 1924;

t)  ‘The Supreme Council’ means ‘the Radio and Television Supreme Council (RTUK);

ü) ‘Media service’ means the television broadcasting services, on-demand media services, as well as commercial communication and radio broadcasting services, with the exception of individual communication services, under the editorial responsibility of a media service provider and the principal purpose of which are the provision of programmes in order to inform, entertain or educate, to the general public by electronic communications networks;

v) ‘Hosting service provider’ means the real or legal persons providing and operating the systems which are harbouring the services and contents;

(2) Regarding the conceptions and abbreviations taken place in this By-Law, if their definitions haven’t been given in its Part 1, the definitions in its related laws and regulations shall be deemed as valid.

PART - 2

Licensing Procedures and Authorisation for the Transmission of Media Services

Licensing Types of Online Media Services, Authorisation Certificate for the Online Transmission of Media Services

ARTICLE 5 – (1) Media service providers possessing the provisional broadcasting right and/or the broadcasting license granted by the Supreme Council shall provide their media services also via internet environment in line with the related provisions of the Law no.6112, the Law no. 5651 and this By-Law.

(2)    The media service providers who demand for providing their radio and television services and on-demand services only via internet environment will have to obtain an online broadcasting license from the Supreme Council.  .

(3)   Out of the media service providers who have applied to the Supreme Council for providing a media service via internet environment by fulfilling the requirements of this By-Law – for those who’ll apply for providing online radio broadcasts; INTERNET-RD radio broadcasting licence; for those who’ll apply for providing online television broadcast; INTERNET – TV television broadcasting license and for those who’ll apply for providing online on-demand media service; INTERNET – IBYT online on-demand media service license shall be granted by the Supreme Council.

(4)   Each media service provider shall provide only one radio, one television and one on-demand media service and shall have to obtain its broadcasting license for the each separate media service it will provide.

(5)   If a media service provider applies for its media services that it has provided only via internet environment due to its licence terms to be provided also via cable, satellite, terrestrial and similar networks, it shall have to obtain separate broadcasting licenses in relation to the each broadcasting technique and network.

(6)    The platform operators demanding for transmitting their radio and television services and on-demand media services via internet environment shall have to obtain the authorisation for the online transmission of media services by the Supreme Council.

(7)     Out of the enterprises which fulfilled the terms stated in this By-Law, the ones which have made their application to the Supreme Council shall be granted the authorisation for the online transmission of media services in order to allow them to perform their activity as online media platform operators.

(8)    Although the content or hosting service provider is located abroad, the implementation of the provisions of this By-Law shall cover the online transmission of the media services of the media service providers or the media platform operators under the jurisdiction of a foreign country which have been ascertained by the Supreme Council that these services being under the scope of duties of the Supreme Council fall contrary to the provisions of the Law no. 6112 and the international treaties which the Republic of Turkey is party to, and cover also the media services of the broadcasting enterprises aiming at the Republic of Turkey which are broadcast in Turkish language or even if they are not in Turkish language, giving place to the online commercial communication broadcasts with a special focus on the Republic of Turkey. For these enterprises to be able to sustain their online media services they shall have to obtain online broadcasting licence like any other enterprise under the jurisdiction of the State of the Republic of Turkey and as for the online platform operators, they shall have to obtain authorisation for the online transmission of media services.

Media service providers owning broadcasting licenses belonging to other networks

ARTICLE 6 – (1) Together with the media service providers owning the provisional broadcasting right and/or the broadcasting license granted by the Supreme Council, the enterprises to be granted with the broadcasting licenses in line with the related legislation for terrestrial, satellite and cable (except for the ones with only one broadcasting license for a cable network of a city) and other networks following the publication of this By-Law shall provide their media services also via internet environment on the condition that they comply with the duration validity of their licenses and give information to the Supreme Council for its registration about their URL address through which their broadcasts will be provided and/or the platform operator which will realise the transmission of their broadcasts.

(2) In case the media service providers owning the provisional broadcasting right and/or broadcasting license granted by the Supreme Council demand to provide their radio and television broadcasting services also via internet environment, they shall have to ensure the simulcasting of these services on other networks without making any change over them and, as for their on-demand broadcasting services, they shall have to provide them staying loyal to their programme catalogue.

Making application to the Supreme Council for online broadcasting licenses

ARTICLE 7 – (1) For the purpose of exclusively providing radio and television and on-demand services via internet environment, online broadcasting licenses shall be granted to the incorporations founded in accordance with Turkish Commercial Code.

(2)    Applications for the online broadcasting license shall be made by a petition of request addressing to the Supreme Council along with the filled in and undersigned online application forms prepared by the Supreme Council with the below stated documents to be annexed:

a)         The Founding Charter and the Turkish Trade Registry Gazette in relation to the amendments made on the Charter if there are;

b)   The Financial Advisor Report denoting that the whole amount of the minimum capital was paid as stipulated in Article 332 of the Turkish Commercial Code No. 6102 dated 13^th of January, 2011;

c)   The identity card numbers of the Republic of Turkey, declaration of the dwelling place and security clearances (denoting that there is no criminal record about him/her.) belonging to partners, board of executives, manager general, manager in charge and, if available, associate manager general shall be required. As for any person from a foreign country, a notarized copy of his/her passport will be required;

ç) The copies belonging to the decision of the board of executives in relation to the logo and/or call-sign to be used for its service, its application to the Supreme Council on this issue and/or the documents showing the right ownership of its logo and/or its call sign.

d)   List of authorized signatures belonging to the persons empowered for representation.

(3)   While the media service provider owning the provisional broadcasting right and/or the broadcasting license is making its online application for the transmission of its radio and television services and on-demand media services

via internet environment other than its transmission of the online radio, television and on-demand services that it is already providing in accordance with Article 6, submitting a petition of request together with the filled in and undersigned online application forms to the Supreme Council as regards to the each related broadcasting service shall be adequate.

(4)    In case the conditions stipulated by this By-Law are met and the requested information and documents are submitted to the Supreme Council, applications for the online broadcasting license shall be evaluated by the Supreme Council in line with the Law no. 6112 and the applicants who will be evaluated as fit and proper will be granted with the online broadcasting license.

(5)   In case the media service providers owning the provisional broadcasting right and/or the broadcasting license demand to broadcast their online audio-visual works as indexed in the Broadcasting Schedule from their achieve or a storage by not simulcasting them on other networks, each of them shall have to obtain an online on-demand media service license.

Making application for the authorisation of online transmission of media services

ARTICLE 8 – (1) Authorisation for the online transmission of media services shall be granted to the limited or incorporated companies founded in accordance with the provisions of Turkish Commercial Code. In order to grant that authorisation, no condition regarding that the company is to be obliged to be authorised for the provision of electronic communication services by the Information and Communication Technologies Authority will be stipulated.

(2)    Applications for the authorisation for the online transmission of media services shall be made by a petition of request addressing to the Supreme Council along with the filled in and undersigned online application forms prepared by the Supreme Council with the below documents to be annexed:

a)  The Founding Charter and the Turkish Trade Registry Gazette in relation to the amendments made on the Charter if there are;

b)  The identity card numbers of the Republic of Turkey, declaration of the dwelling place and security clearances (denoting that there is no criminal record about persons.) belonging to partners, board of executives, manager general, manager in charge and, if available, associate manager general shall be required. As for any person from a foreign country, a notarized copy of his/her passport will be required;

c)  List of authorized signatures belonging to the persons empowered for representation; ç) Information and documents related to conditional access module;

(3)    In case the conditions stipulated by this By-Law are met and the requested information and documents are submitted to the Supreme Council, applications for the authorisation certificate for the online transmission of media services shall be evaluated by the Supreme Council in line with the Law no. 6112 and the applicants who will be evaluated as fit and proper shall be granted with the authorisation certificate.

Submitting unreal enouncement and factitious document

ARTICLE 9 – (1) Applications of the applicants whose information and documents that they submitted to the Supreme Council in accordance with Article 7 and 8 have been detected to be unreal and factitious will be deemed as invalid. Even though their applications have been admitted by the Supreme Council they will be annulled. Applicants cannot claim any right for their enouncements as such. Regarding the applicants who are detected to have submitted unreal and factitious enouncements and documents, the Supreme Council shall denounce a crime to the Office of the Chief Public Prosecutor for the execution of the related provisions of the Turkish Criminal Code no. 5237 of 26^th of September, 2004.

Online media services provided by the provider without online broadcasting license

ARTICLE 10 – (1) If detected sua sponte and/or upon a complaint by the Supreme Council that an online media service is provided by a media service provider who does not own online broadcasting license, this situation is announced in the web-site of the Supreme Council. In this announcement, the real or legal person (the provider) who is providing the media service shall be admonished that:

a)  The relevant provider shall make an application for the online broadcasting license in line with this By-Law, submit its petition of request along with the letter of undertaking as annexed to the former and continue its broadcast for a period of three months if it pays in cash the amount equivalent to a three month duration of the online broadcasting license fee.

b)  If the procedures for the grant of online broadcasting license are not completed within the notified period of time and the provider shall pay in cash the amount of the online broadcasting license fee to be calculated for this passed period also, the provider shall provide its media services for an additional period of three months.

c)   If the provider does not submit its petition of request along with the letter of undertaking as annexed to the former and does not pay the amount in cash equivalent to a three month duration of the broadcasting license fee and does not discontinue its media services in seventy two hours following this announcement, it is admonished by the

Supreme Council that it will file its demand to the Judge of the Criminal Court of Peace for the removal of the content and/or prevention of access due to the unlicensed broadcasts in accordance with the second paragraph of Article 29/A of the law no. 6112, and apart from this, the Supreme Council will also denounce a crime to the Court that’s been committed by the concerning persons against the paragraph 1 of the Article 33 of the same Law.

(2)   This admonition shall be published in the Supreme Council’s web-site.

(3)   Following the admonition;

a)   The applicants who make their application in line with this Article for acquiring the online broadcasting license shall be able to go on providing their media services within the duration and conditions stipulated in this Article until the licensing procedures are completed.

b)  In case the media service provider does not make any application for acquiring the online broadcasting licence in accordance with this Article:

1)  In accordance with the Article 29/A of the Law no. 6112, the Supreme Council shall file its demand to the Judge of the Criminal Court of Peace for the removal of a content from its broadcasting and/or the prevention of the access to it.

2)  In accordance with the Article 33 of the Law no. 6112,the Supreme Council shall apply to the Criminal Court of Peace to denounce a crime regarding the members of the board of executives and the manager general of the real and legal persons making the unlicensed broadcast.

(4)     The period of time starting as of the date on which the enterprises make application to the Supreme Council in accordance with this Article and ending up with the date on which they are granted with online broadcasting license following the completion of their procedures shall be deducted from the duration of validity of their online broadcasting license.

Media Services Provided via Internet environment without the authorisation for their transmission MADDE 11 – (1) If detected sua sponte and/or upon a complaint by the Supreme Council that the transmission

of an online media service is provided by a platform operator who does not own online transmission of media service license, this situation is announced in the web-site of the Supreme Council. In this announcement, the platform operator who is providing the transmission of media services shall be admonished so that:

a)   The relevant operator shall make an application to the Supreme Council for the authorisation of online transmission of media services in line with this By-Law, submit its petition of request along with the letter of undertaking as annexed to the former and sustain the transmission of media services for a period of three months if it pays in cash the amount equivalent to a three month duration of the authorisation fee for the online transmission of media services.

b)  If the procedures for the grant of authorisation of online transmission of media services are not completed within the stated period of time and the operator shall pay in cash the amount of authorisation fee for the online transmission of media services to be calculated for this passed period of time also, the provider shall provide its media services for an additional period of three months.

c)  If the platform operator does not submit its petition of request and letter of undertaking as annexed to the former and does not pay the amount in cash as equivalent to a three month duration of the authorisation of the online transmission fee and does not discontinue the transmission of its media services in seventy two hours following this announcement, it shall be admonished by the Supreme Council that it will file its demand to the Judge of the Criminal Court of Peace for the removal of the content and/or prevention of the access due to the unlicensed transmission in accordance with the second paragraph of Article 29/A of the law no. 6112.

(2)   This admonition shall be published in the Supreme Council’s web-site.

(3)   Following the admonition;

a)    Applicants who make their application in line with this Article for acquiring the authorisation of online transmission of media services shall be able to go on providing their transmission of media services within the duration and conditions stipulated in this Article until the authorisation procedures are completed.

b)   In case the platform operator does not make any application for acquiring the authorisation for online transmission of its media services in accordance with this Article, the Supreme Council shall submit its demand to the Judge of the Criminal Court of Peace for the removal of content from its broadcasting and/or the prevention of access to it.

(4)    The duration starting as of the date on which the enterprises make application to the Supreme Council for acquiring the authorisation for the online transmission of media services in accordance with this Article and ending up

with the date when they are granted with the authorisation following the completion of their procedures shall be deducted from the validity duration of their authorisation for the online transmission of media services.

PART - 3

Fees of Online Broadcasting License and Authorisation for the online transmission of media services, Duration of License, License renewal and Evaluation

Online Broadcasting License Fee and Financial Liabilities

MADDE 12 – (1) INTERNET-RD broadcasting license fee is ₺10.000,00 Turkish Liras; INTERNET-TV broadcasting license fee is ₺100.000,00 Turkish Liras; INTERNET-İBYH broadcasting license fee is ₺100.000,00 Turkish Liras.

(2)    Thematic program broadcasting license fees in relation to teleshopping services given via Internet environment shall be calculated as five times higher than the amounts declared in the Paragraph 1 above.

(3)    The media service providers providing their media services through a conditional access module on the basis of subscription and/or in return for a fee make a payment amounting to 0,5 percent of their net annual income collected from their sales to the Supreme Council until the end of the month of April of the each following year.

(4)    Online broadcasting license fee shall be paid either in cash or in instalments. The media service providers demanding to pay the online broadcasting license fee in instalments shall have to submit to the Supreme Council a letter of warranty on cash basis as equivalent to the total amount of six instalments in currency of Turkish Liras in the circulation provided that they will pay the first instalment before the certificate of licence is granted, or a bank guarantee bond addressing to the Supreme Council with a validity duration of ten years devised as proper to the sample specified by the Supreme Council.

(5)    Online broadcasting license fee determined by means of an increase at the revaluated rate publicised in accordance with the bis provisions of the Article 298 of the Tax Procedure Law no. 213 of 4^th of January, 1961 shall be published on the web-site of the Supreme Council, put into practice as of the first day of the month of January and paid in line with the tariff being valid on the date on which the online broadcasting license is issued.

Refunding the fee of online broadcasting license

ARTICLE 13 – (1) The broadcasting license fee which has been collected from the media service provider whose online broadcasting license was revoked because of the reasons mentioned in Paragraph 1 and 2 of the Article 18 and in the Article 7 and Article 32 of the Law no. 6112 will not be refunded.

(2) Upon its written request, the broadcasting license fee collected from the media service provider whose online broadcasting license has been terminated due to the reasons mentioned in the Paragraph 3 of the Article 18 will be refunded by means of calculating the remaining validity duration of its license.

Duration of online broadcasting license and its renewal

ARTICLE 14 – (1) Online broadcasting license shall be granted for a duration of 10 years. The activation of the duration of online broadcasting license will be the date on which the certificate of license has been issued.

(2)    At least two months before the termination date of the duration of the online broadcasting license, the media service provider may file a request to the Supreme Council for the renewal of its license. In case the media service provider demands to pay the online broadcasting license fee in instalments, the Supreme Council shall not stipulate the condition of being submitted a bank guarantee bond.

(3)              The applications which are made following the termination of the license duration shall be treated by the Supreme Council as new applications.

Authorisation fee for the online transmission of media services

MADDE 15 – (1) Authorisation fee for the online transmission of media services shall be annually ₺100.000, 00 Turkish Liras. In addition to the sum of this fee, the online platform operators using conditional access module shall make a payment to the Supreme Council amounting to 0,5 percent of the net income that they have collected from their sales until the end of the month of April of the each following year.

(2)    Authorisation fee for the online transmission of media services shall be possibly paid in cash or in equal instalments within 6 months following the issuance of the authorisation certificate. If the authorisation fee for the online transmission of media services is demanded by the platform operators to be paid in instalments, they shall be obliged to submit to the Supreme Council a letter of warranty on cash basis as equivalent to the total amount of four instalments as the currency of Turkish Liras in the circulation provided that they will pay the first instalment before the certificate of licence is granted, or a bank guarantee bond addressing to the Supreme Council devised as proper to the sample specified already by the Supreme Council.

(3)    Authorisation fee for the online transmission of media services shall be determined as based on the calendar year. In case a certificate of authorisation is granted within the year, the authorization fee shall be calculated proportionally for the remainder of the year.

(4)    Authorisation fee for the online transmission of media services determined by means of an increase at the revaluated rate that is publicised in accordance with the bis provisions of the Article 298 of the Tax Procedure Law no. 213 of 4^th of January, 1961 shall be published on the web-site of the Supreme Council, put into practice as of the first day of the month of January and paid in line with the tariff being valid on the date on which the certificate of authorisation is issued.

PART - 4

Liabilities of the Online Media Service Providers and the Online Media Platform Operators Liabilities of the Online Media Service Providers

ARTICLE 16 – (1) The media service providers granted with the ‘online broadcasting license’ are liable:

a)   to submit information to the Supreme Council about the amendments on the issues that they have announced and the documents that they have submitted and keep their information and documents updated;

b)   to fulfil the obligations specified in the Law no. 5651, the Law no. 6112, in this By-Law and in the other legislations and in the international conventions to which the Republic of Turkey is party;

c)   to remove the on-demand broadcasting works from the Catalogue of Programmes assessed by the Supreme Council as inappropriate and infringing the framework of the Law no. 6112;

ç) to submit within a specified period of time all kinds of information and documents demanded by the Supreme Council in relation to the structure of their company and partnership, their programmes, their platform operators transmission of their broadcasts and, if they have, the number of their users for whom they deploy their conditional access module;

d)   to allot the necessary software and hardware with all their licenses, the rights of use and subscriptions in the number to be demanded by the Supreme Council to enable it to access to the audio and visual files used in the broadcasting of media services for its remote viewing and evaluation and, if needed, to record them into the Supreme Council’s Digital Recording Analysis System (SKAS) for its supervision and monitoring of the transmitted broadcast services;

e)   to encrypt the video along with the audio in the encrypted broadcasts in a way that is distorting the comprehension;

f)   to inform the Supreme Council about the web-addresses via which the media services are broadcast, identity information, addresses, registered e-mail addresses, name and contact address of their manager in charge and of the viewers’ representative and publish them all in their web-sites;

g)   to preserve the recordings of their broadcasts for a period of one year starting from the date of its broadcasting; ğ) to submit to the Supreme Council a copy from the recording of a broadcast in 10 days as of the date on

which the letter of request by the Supreme Council regarding the matter was notified;

h)     to save the recordings of broadcasts for a while if a broadcast of a media service is by this or that way subjected to an interrogation or an investigation, until the media service provider is informed by the authorities in a written way that the related procedures have reached in a conclusion;

ı) to inform the viewers by means of using a protective symbol system about the content of the program services through sound or written announcements;

i)  to inform the Supreme Council about the catalogue of programmes in relation to their on-demand services;

j)   to declare their commercial communication revenues that they obtain in accordance with the provisions of the By-Law No. 28037 published in the Official Gazette dated 26.08.2011 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 the Supreme Council to be Made over these Revenues and make the payment of that amount of the share to the Supreme Council;

k)   to make a payment to the Supreme Council amounting to 0,5 percent of their net income that they have collected from their sales until the end of the month of April of the 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.

(2) The sanctions applied by the Supreme Council against the media service providers due to their broadcasting content such as; programme suspension, transmission suspension and revocation of license cover all the transmission networks via which media service providers make their broadcasts.

Liabilities of the Online Media Platform Operators

ARTICLE 17 – (1) Online media platform operators shall be liable;

a)   to submit information to the Supreme Council about the amendments on the issues that they have made the announcement of and the documents that they have submitted related to and keep their information and documents updated;

b)   to fulfil the obligations specified in the Law no. 5651, the Law no. 6112, in this By-Law and in the other legislations and in the international conventions to which the Republic of Turkey is party;

c)   not to transmit the broadcasts of the media service providers who doesn’t have a broadcasting license or whose broadcasting licence is expired or revoked;

ç) to give service to the media service providers on the basis of impartiality and in equity and in a reasonable way with no discrimination;

d)   to inform the Supreme Council in the beginning of the month of December every year or when demanded by the Supreme Council about the number of users joined to their conditional access module.

e)   to get their broadcasts that they transmitted off to the Supreme Council if such a request is made by it in a way to be recorded by the Supreme Council’s recording system and allot the subscription rights in the number to be demanded by the Supreme Council and, for this purpose, the necessary software and hardware along with them with all their licenses and their rights of use.

f)   to allow the Supreme Council to access to the audio and video files that are used in their broadcasts for the Supreme Council to view them from a remote location and if needed, to ensure the recording of these files into the Supreme Council’s recording system.

g)    to supply the Supreme Council in the beginning of the month of October every year with the list of information about the titles, addresses, telephone numbers, logos/call signs, license types and name of the licensing country and the broadcasting language of the media service providers for whom they transmit their broadcasts and inform the Supreme Council about any changes on the information taken place in the list within one month at the latest as of the date on which the change occurs.

ğ) to make a payment to the Supreme Council amounting to 0,5 percent 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 authorisation fee for the transmission of their media services if they provide them via a conditional access module.

h)   To inform the Supreme Council about the web-site 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 to their declared information and publish all of these information on their web-site:

(2)   Online media platform operators shall prepare their tariff on service charges that they will demand from the media service providers in line with the principles such as: staying loyal to the attitude of not discriminating between the enterprises in similar positions due to unfair reasons; guaranteeing the creation of an environment of fair competition and pluralism; preventing the media concentration and protecting the public interest, ensuring all transactions as fair and transparent and reflecting the costs in relation to the related services as much as possible and submit their tariff to the Supreme Council for approval.

(3)   Online media platform operators after having been notified by the Supreme Council’s decision will suspend the transmission of the media services of their media service providers who don’t have an online broadcasting license or whose online broadcasting licences have been revoked and of those under the jurisdiction of another country which have been ascertained by the Supreme Council that they have made broadcasts in contrary to the provisions of the Law no. 6112 and the international conventions to which the Republic of Turkey is party and the Supreme Council’s scope of duty relates. The authorisation certificate for the online transmission of the media services of the media platform operators who do not suspend the transmission of their media services in spite of having been notified by the Supreme Council or fulfil the other liabilities within a duration allowed by the Supreme Council will be revoked and this situation will be notified to the Information and Communication Technologies Authority.

PART - 5

Administrative and Judicial Sanctions Revocation of the online broadcasting licenses

ARTICLE 18 – (1) In case an online media service provider loses its congruity with one of the legitimacy conditions needed for being granted with the online broadcasting license and does not fulfil the liability regulated in Paragraph 5 of the Article 6 of the Law no. 6112, a period of 30 days shall be allowed by the Supreme Council to the media service provider for fulfilling the necessary condition and/or liability. If the media provider does not fulfil the

condition despite the allowed period of time, its broadcasts will be suspended for a period of three months. If its disobedience still persists within this period of time the online broadcasting licence of the provider will be revoked.

(2)    The online broadcasting license of a media service provider whose congruity with the necessary conditions for being granted with the online broadcasting license is detected to have been obtained by means of a fraudulent way will be revoked.

(3)   If demanded by the media service provider which cannot give online broadcasting service due to the reason

force majeure or other reasons acceptable by the Supreme Council, its online broadcasting license shall be terminated.

Removal of the content from broadcasts and/or the access prevention and denouncing a crime ARTICLE 19 – (1) If detected sua sponte and/or upon a complaint by the Supreme Council that an online media

service is provided by a media service provider in a way that is contrary to this By-Law, the provisions of Article 10

shall be applied.

(2)  But, in relation the media services of the real and legal persons detected by the Supreme Council that they are being transmitted via Internet environment although their provisional broadcasting right and/or broadcasting licence was revoked by the Supreme Council, the provisions of Article 10 shall not necessarily be applied, but in accordance with the second paragraph of Article 29/A of the law no. 6112, the Supreme Council will submit its demand to the Judge of the Criminal Court of Peace for the removal of the content and/or prevention of the access and, apart from this, in accordance with the Article 33 of the Law no. 6112, the Supreme Council shall apply to the Criminal Court of Peace to denounce a crime regarding the members of the board of executives and the manager general of the real and legal persons making the related broadcast.

(3)   The Court decisions taken by the Judge of the Criminal Court of Peace on the access prevention (by means of an URL or similar ways) in relation to a particular broadcasting, part and episode where the infringement has occured shall be rendered by the method of removing the content from broadcasting and/or access prevention to the content. But in cases where the access prevention to the content subjected to the infringement cannot be done technically or the infringement cannot be prevented by means of access prevention to the related content, the Court might give its decision on applying the access prevention to the whole web-site.

The Judge of the Criminal Court of Peace despatches its Court decision to the Information and Communication Technologies Authority for its implementation. This Court decision is later on notified by the President of the Information and Communication Technologies Authority to the access providers and the related content or hosting service providers. To the providers who do not fulfil the requirement of removing the content from broadcasting and/or preventing the access, an administrative fine will be applied by the President of the Authority in accordance with the Paragraph 5 of the Article 8/A of the Law no. 5651.

PART 6

Miscellaneous /Final Provision

Technical Conditions

ARTICLE 20 – (1) The technical criteria in relation to the provision and transmission of online broadcasting services shall be specified by the Supreme Council by considering the national and international standards and the technological developments. In this case, in granting the online broadcasting license and the authorisation certificate for the online transmission of media services and implementing the activities as such, the technical criteria to be specified by the Supreme Council will be taken into consideration as essential.

Protection of Children

MADDE 21 – (1) The media service providers granted with online broadcasting license and the online media platform operators granted with the authorisation certificate for the online transmission of media services shall be liable to take measures ensuring the parental control over some types of broadcasts possibly detrimental to the children’s physical, mental and moral development.

(2) The provisions in the Law no. 6112 and this By-law aiming at the protection of children will not be applied to the online media service providers and online media platform operators ensuring its services based on a membership system for a private use only to which no child can become a member.

Common Provisions

MADDE 22 – (1) On the issues related to the application of this By-Law, the Supreme Council and the Information and Communication Technologies Authority shall cooperate with each other. This cooperation shall cover the use of technical capacity and infrastructure of the Authority in terms of its capabilities and also a reciprocal sharing of information as regards to the denouncements and complaints on the possible availability of the media services which are contrary to the provisions of this By-Law.