The media and broadcasting sector is made up of television and radio broadcasters, newspapers and news websites, magazines, production companies, digital publishers and content creators, advertising and communications agencies, and influencer agencies. These businesses make decisions on broadcasts, news, advertising and copyright every day, and each of these decisions can have legal consequences in relation to regulators, the people who are the subject of the news, rights holders and advertisers.

This page focuses on the legal needs of media businesses themselves. If you are looking for support because of a news report published about you or content on the internet, please see the Media and Internet Law page; for matters concerning software, data and technology companies, please see the IT and Technology page.

Broadcasting Licences and Regulatory Compliance

RTÜK Broadcasting Licence and Internet Broadcasting Authorisation

Television and radio broadcasting requires a broadcasting licence from the Radio and Television Supreme Council (RTÜK) under Law No. 6112. Organisations that provide radio, television and on-demand media services over the internet are also obliged, under certain conditions, to obtain a licence or a broadcast transmission authorisation. The shareholding structure, the qualifications of the managers and the type of broadcasting service are assessed together in the licensing process.

Broadcasting Principles and Administrative Sanctions

A breach of broadcasting principles can lead to sanctions such as a warning, an administrative fine or the suspension of a programme, and in the case of repetition, to consequences up to the revocation of the licence. Objections and actions for annulment against RTÜK decisions are subject to short time limits. Legal review before broadcasting significantly reduces this risk, especially for news, debate and advertising content.

Periodicals and the Responsible Manager

Periodicals such as newspapers, magazines and news websites are subject to obligations under Press Law No. 5187, such as filing a declaration, publishing an imprint and appointing a responsible manager (sorumlu müdür). The responsible manager is at the centre of the civil and criminal liability arising from the content of the publication; it is therefore important that editorial approval processes are in writing and traceable.

News Content and the Limits of Press Freedom

The Media Organisation’s Defence in Personality Rights Cases

In compensation lawsuits brought over a news report, the courts assess whether the report is true, whether it is current, whether it serves the public interest and whether there is a balance between the subject and the way it is expressed. Keeping, at the time of publication, the records, correspondence and documents that show the sources on which the report is based is the strongest foundation of the defence in cases concerning personality rights (kişilik hakları).

Requests for Reply and Correction

Where a person believes that a publication has damaged their personality rights and sends a reply and correction (cevap ve düzeltme) text, the responsible manager must publish it within the short time limits set by law. Correctly assessing the conditions under which such a text may be refused, and managing the procedure before the criminal judgeship of peace (sulh ceza hâkimliği) that may follow a refusal, requires specific know-how on the part of the media organisation.

Objections to Access-Blocking and Content Removal Decisions

News websites may be the addressees of access-blocking (erişim engeli) and content removal decisions issued under Law No. 5651. When objecting to these decisions, the public interest in the news, press freedom and the proportionality of the decision should be set out together. Requests based on the right to be forgotten concerning older news in the archive require a similar assessment.

Copyright and Licences

Authorship and Transfer of Economic Rights

Under the Law on Intellectual and Artistic Works (FSEK), contracts for the transfer of economic rights must be made in writing and must list the transferred rights individually. If these requirements are not met in contracts with reporters, editors, graphic designers, video editors and freelancers, the media organisation’s right to use the content it has produced itself may be called into question.

Use of Music, Images and Archive Material

Permission must be obtained from rights holders or collecting societies for music, photographs, video footage and archive material used in programmes and digital content. Unauthorised use of news agency photographs and of footage taken from social media is among the most common sources of compensation claims in the sector.

Format, Programme and Broadcasting Rights

Licensing of programme formats, limiting broadcasting rights by territory and term, and the conditions for re-use on digital platforms are the key elements of licence agreements. The channels in which the rights may be used, and for how long, should be set out clearly in writing.

Production and Talent Agreements

Production Agreements for Series, Films and Commercials

In production agreements, the budget, the shooting schedule, the delivery and acceptance conditions, the ownership of rights and revenue sharing are decisive. In co-productions, the contributions of the parties and the division of rights should be clarified from the outset to prevent disputes that may arise at the distribution stage.

Agreements with Actors, Presenters and Content Creators

Agreements with actors, presenters and content creators should regulate in detail exclusivity, rights to use image and voice, social media obligations, non-compete obligations and the use of content after the agreement ends.

Platform and Distribution Agreements

In agreements with digital platforms, channel networks and distribution companies, the provisions on revenue sharing, conditions for content removal, infringement notices and account closure directly affect the continuity of the publisher’s revenue.

Advertising, Sponsorship and Influencer Collaborations

Commercial Advertising Legislation and the Ban on Covert Advertising

Commercial advertisements must be accurate and honest, and must be published in a way that makes it clear they are advertisements. A breach of the ban on covert advertising (örtülü reklam) may lead the Advertising Board (Reklam Kurulu) to impose administrative fines on both the advertiser and the organisation that publishes the advertisement.

Sponsorship and Product Placement

Sponsorship and product placement in programmes are permitted only in compliance with the notification requirements and restrictions in broadcasting legislation. Clearly informing the advertiser of these limits in sponsorship agreements also clarifies who is responsible for any sanctions.

Influencer Agencies and Brand Agreements

The Advertising Board’s guidelines on social media influencers make it mandatory to label collaboration content clearly. In the three-way relationship between the brand, the agency and the content creator, the contract should clearly cover the labelling obligation, content approval, payment terms and who will be responsible in the event of a breach.

Employees and Data in Media Organisations

Journalists and the Press Labour Law

Journalists who do intellectual and artistic work at newspapers, magazines, news agencies and news websites are subject to Press Labour Law No. 5953 (Basın İş Kanunu). This law provides for rules that differ from general employment law on matters such as notice periods, severance pay and payment of wages; recruitment and dismissal processes should be planned accordingly.

Freelancers and Correspondent Networks

The nature of the relationship with freelance reporters, local correspondents and project-based teams has consequences under both employment law and copyright law. Contracts that reflect the actual way the work is done help prevent future disputes over employee receivables and ownership of rights.

Reader, Viewer and Subscriber Data

Subscription systems, newsletters, cookies and audience measurement all involve the processing of personal data. Privacy notices, explicit consent processes and data sharing with advertising technology providers must be set up in compliance with the Law on the Protection of Personal Data No. 6698 (KVKK).

Resolving Media Disputes

Media disputes often call for quick action: the time limits for reply and correction, for objections to access-blocking decisions and for bringing proceedings over acts allegedly committed through the press are short. In compensation lawsuits, copyright infringements and contractual disputes, broadcast records, editorial correspondence and contract documents determine the outcome.

Scope of Legal Work in Media and Broadcasting

Legal support for media businesses is not just about responding to a lawsuit that arrives after a broadcast; when licensing, contract, copyright and advertising processes are set up correctly from the start, a significant share of disputes never arises.

As Attorney Ezgi Çalışkan, I support broadcasters, news websites, production companies and agencies on compliance with RTÜK and press legislation, lawsuits arising from news content, reply and correction and access-blocking procedures, copyright and licence agreements, production and talent agreements, advertising and influencer collaborations, and the resolution of media disputes. My approach is to develop practical solutions that respect the balance between press freedom and personality rights and do not disrupt the broadcasting schedule.