- The Media and Law Studies Association (MLSA) has filed an individual application with Turkey’s Constitutional Court, arguing that regulations requiring online broadcasters to obtain licenses from the country’s media regulator violate freedom of expression and freedom of the press.
- The application argues that the rules grant broad and unclear powers to the Radio and Television Supreme Council (RTÜK) and have a chilling effect on independent publishers and journalists.
The Media and Law Studies Association (MLSA) has filed an individual application with Turkey’s Constitutional Court, challenging the online broadcasting licensing regime administered by the Radio and Television Supreme Council (RTÜK) on the grounds that it violates freedom of expression and freedom of the press.
The application cites access blocks imposed on the websites of Deutsche Welle and Voice of America, licensing requirements imposed on Euronews, and the inclusion of Cumhuriyet TV within the licensing regime as examples of the regulation’s impact on media freedom.
MLSA first filed a lawsuit with the Council of State on Aug. 9, 2019, seeking the annulment of certain provisions of the “Regulation on the Provision of Radio, Television and On-Demand Broadcasts Over the Internet,” which was published in Turkey’s Official Gazette on Aug. 1, 2019. The association argued that the regulation is incompatible with protections for freedom of expression and press freedom guaranteed under the Turkish Constitution and the European Convention on Human Rights.
The Council of State’s 13th Chamber rejected the case on Oct. 31, 2024. The Council of State’s Administrative Litigation Chambers Board upheld that ruling on April 2, 2026. The decision was served on MLSA’s lawyers on May 18, 2026. After exhausting domestic legal remedies, MLSA submitted an individual application to the Constitutional Court.
Regulation is vague and unforeseeable
According to the application, key terms in the regulation, including “individual communication” and “platforms not dedicated to transmission over the internet,” are not clearly defined. MLSA argued that this ambiguity grants RTÜK broad discretionary powers and makes it impossible to predict which publishers will be subject to licensing requirements.
The association also challenged provisions stating that RTÜK may grant online broadcasting licenses and transmission authorizations to applicants it deems “appropriate,” arguing that the regulation fails to specify clear evaluation criteria. According to MLSA, this creates an unpredictable oversight mechanism for online publishers and undermines the principle of equality before the law.
License fees burden independent publishers
MLSA further argued that licensing fees impose a significant burden on independent journalists and small-scale media outlets. According to the application, an online radio broadcasting license cost 96,622 Turkish lira in 2025, while an online television broadcasting license cost 926,214 lira.
The association said the fees are not determined according to a broadcaster’s revenue or financial capacity and that the same rates apply to independent journalists and major media organizations alike. It argued that the fee structure has a chilling effect on freedom of expression.
Action sought against 196 internet addresses
According to information provided by RTÜK in response to an MLSA freedom-of-information request, the regulator has announced since the regulation entered into force that 390 URLs or domain names are required to apply for a broadcasting license or transmission authorization.
RTÜK subsequently sought access-blocking orders or content-removal measures against 196 internet addresses that neither applied for authorization nor ceased broadcasting.
MLSA pointed to RTÜK’s licensing requirements for Deutsche Welle, Voice of America and Euronews, as well as access blocks imposed on the websites of Deutsche Welle and Voice of America, as examples of the regulation’s effects on press freedom. It also noted that Cumhuriyet TV was the first YouTube-based news channel required by RTÜK to obtain a license.
In its Constitutional Court application, MLSA also argued that its right to a fair trial had been violated.
The association noted that the lawsuit filed on Aug. 9, 2019, was not resolved at first instance until Oct. 31, 2024, meaning the proceedings lasted more than five years. It also said the first-instance judgment was served approximately four and a half months after it was issued and that the appeal process took about a year.
MLSA asked the Constitutional Court to find violations of freedom of expression, freedom of the press and the right to a fair trial, to order a retrial before the Council of State’s 13th Chamber, and to award 1 million Turkish lira in damages.
