Turkey’s Council of State has rejected a legal challenge to a regulation expanding the powers of the country’s media watchdog, the Radio and Television Supreme Council (RTÜK), over internet broadcasting. The court ruled that the regulation does not violate freedom of expression and that RTÜK’s authority remains within “legal limits.”
The case was brought by the Media and Law Studies Association (MLSA), which had sought the annulment of five articles of the “Regulation on the Presentation of Radio, Television, and On-Demand Broadcasts on the Internet,” in force since August 1, 2019. The regulation requires online broadcasters to obtain licenses and comply with content regulations similar to traditional media outlets.
The Council of State’s decision comes amid concerns over increasing control of digital media in Turkey, where internet platforms have become vital for independent and critical journalism in a restrictive media environment.
Court dismisses concerns over vague definitions and arbitrary power
MLSA argued that the regulation imposes heavy licensing burdens on small, independent platforms, threatening press freedom and the right to receive information. It also warned that vague definitions and the lack of clear criteria for RTÜK’s approval process could lead to arbitrary interference by authorities. The suit emphasized that granting RTÜK a discretionary “suitability” assessment violated the principle of rule of law.
In its decision, the Council of State disagreed, ruling that RTÜK’s licensing and transmission powers are exercised in accordance with Law No. 6112 and related legislation. The court claimed the term “suitability” does not allow for arbitrariness and that the definition of individual communication is clear and distinct from public broadcasting. It further argued that licensing fees are legally grounded and that regulating broadcasting activities—deemed a public service—is not inconsistent with the Turkish Constitution or the European Convention on Human Rights (ECHR).
Smaller platforms left out of court’s reasoning
The ruling did not address specific concerns raised about the impact on nonprofit or small-scale internet platforms. MLSA had highlighted how license fees—reportedly up to 100,000 Turkish lira—could be financially prohibitive for independent or alternative media outlets. However, the Council of State maintained that the regulation only applies to “media service provider institutions,” which are already required to be incorporated as joint-stock companies.
One of the most recent examples of the regulation’s enforcement came on December 27, 2024, when RTÜK demanded that Cumhuriyet newspaper’s YouTube channel apply for an internet broadcasting license under the same rules MLSA had challenged in court.
The decision underscores the growing regulatory pressure on Turkey’s online media landscape, where government critics say licensing and administrative oversight are being used to suppress dissenting voices. Human rights organizations and press freedom groups have repeatedly raised concerns about RTÜK’s expanding powers and the lack of transparency in its decision-making processes.
