The Law on Amendment to Tax Laws, Some Laws and Decree-Laws (“Law”) which introduced amendments to Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Media Services (“RTUK Law”), entered into force on March 27, 2018.
Article 82 of the Law sets forth incorporation of a new article, namely Article 29/A to the RTUK Law which basically states that:
The Law extends the authority of the RTUK to online broadcasting services under same principles of the RTUK Law that apply to radio, television and on demand broadcasts through terrestrial, satellite, cable platforms.
In terms of advertising rules, the most important impact may be regarding the product placement. Before this Law, the online media enjoyed a certain degree of freedom due to lack of clear rules. With the enactment of the new Law, the same rules and principles applied to TV will also be applicable to online broadcasts. As per the RTUK Law, the product placement is only permitted in movies made for cinema and TV, TV serials, sports and general entertainment programs, is not permitted in news, child programs and religious programs. The product placement is forbidden for the products and services of which the advertising is prohibited. There are strict restrictions in relation to duration and quantity of the products shown and advertised via product placement. These rules will apply to internet broadcasts which were exempted from such restrictions in the past.
It is considered that the licensing model and new implementations are not applicable to video sharing websites, platforms such as YouTube, Vimeo, etc. The new implementation also does not govern personal communication and this is considered to exclude platforms such as Twitter.
Another recent development is the amendments on the “Regulation on Procedures and Principles of Broadcasting Service”. The amendment mainly concerns the restrictions on advertisement of certain category of food/beverages during/in conjunction to children programs.
With the relevant amendment it has been clarified how Article 9/7 of the Law on the Establishment and Broadcasting Services of Radio and Television no 6112 ruling “Commercial communications of foods and beverages, containing nutrients and substances excessive consumption of which is not recommended in general nutrition diets shall not accompany the children programs at the beginning/end or shall not be included in the children programs” will be implemented.
Pursuant to the new implementation:
It is expected that the above mentioned rules will also be applicable to online broadcasts by virtue of Article 29/A that has been incorporated into the RTUK Law.