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The Council of State is expected to rule soon in the case brought up by MLSA on RTÜK’s licensing imposition

The Council of State is expected to rule soon in the case brought up by MLSA on RTÜK’s licensing imposition
The Council State is expected to rule soon in the case brought up by the Media and Law Studies Association (MLSA) against the 2019 regulation which has given unprecedented powers to the Radio and Television Supreme Council and Information and Communication Technologies Authority (BTK). On August 9th, 2019, the Legal Team of MLSA brought up a lawsuit against the regulation titled “Regulation on the Presentation of Radio, Television and On-Demand Broadcasting on the Internet” which has recently been hotly debated as it has been instrumentalized to target international media outlets like Deutsche Welle (DW), Voice of Americal (VOA) and EuroNews. The lawsuit was brought up on the grounds that “the regulation is in defiance of the principle of the equal protection of law and the freedoms of the press and expression which are guaranteed by the Constitution of Turkey and the European Convention on Human Rights (ECHR).  In its petition to the Council of State, the attorneys of the MLSA stated that through the vagueness of the wording and the reach of the regulation, RTÜK and BTK are granted the opportunity to exercise their powers in an arbitrary manner. The attorneys also emphasized that the licensing fee up to 100.000 Turkish Liras which broadcasters are obligated to obtain is an unaffordable financial burden on the platforms and thereby serve as a deterrent for such platforms. In its defense submitted to the Council of State on November 29th, 2019, BTK requested that the case be rejected on the grounds that “MLSA lacks the capacity to sue since the issue does not fall within the scope of the association’s activities.” Describing the case brought up by MLSA as “unjust, irregular and wrongful”, RTÜK reiterated the statements of BTK in its defense submitted to the Council of State December 3rd, 2019. Arguing that those outlets which aim to broadcast on the internet are required by law to possess paid-in-capital higher than the maximum amount of the licensing fee, RTÜK argued that the amount of the licensing fee cannot be considered as deterrent as the outlets are also given the opportunity to pay for it in installments. The Chief Public Prosecutor’s Office at the Council of State presented its opinion on January 13th, 2021 and reiterated the defense submitted by BTK and RTÜK. The prosecutor argued that the case should be dismissed. Arguing that the prosecutor had tried to justify the articles of the regulation in question with references to the articles themselves, the MLSA attorneys emphasized the fact the opinion lacks any profound legal evaluation of the application.

Attorney Veysel Ok: We expect the Council of State's decision to be in conformity with the Constitution

Commenting on the lawsuit process, MLSA Co-Director and freedom of expression lawyer Veysel Ok stated that RTÜK’s imposition of licenses on the international media organizations is against the Constitution and the ECHR. Reminding the lawsuit filed by MLSA in 2019, Attorney Ok said, “The legal process is over and a decision will be made soon. We expect the Council to make its decision in accordance with the Constitution and the ECHR. After such a decision, RTÜK will have to stop its imposition on international media organizations for licensing.”

DW and VOA: We will not request a license as it is serves further censorship 

Deutsche Welle and Voice of America, two of the media organizations that RTÜK gave 72 hours to request a license, announced yesterday that they will not request licenses for their websites and that they will take RTÜK’s imposition to the court. In its statement, DW included the statements of DW Director General Peter Limbourg. He said, “After having subjected the local media outlets in Turkey to such regulation, an attempt is now being made to restrict the reporting of international media services. This move does not relate to formal aspects of broadcasting, but to the journalistic content itself. It gives the Turkish authorities the option to block the entire service based on individual, critical reports unless these reports are deleted. This would open up the possibility of censorship. We will appeal against this decision and take legal action in the Turkish courts.” The VOA also emphasized in its statement the fact that the imposition has the purpose of censorship: “Licensing is the norm for radio and TV broadcasting, because broadcast spectrum is a finite public resource, and governments have a recognized responsibility to regulate the spectrum to ensure it is used in the broader public’s interest. The internet, by contrast, is not a limited resource, and the only possible purpose of a licensing requirement for internet distribution is enabling censorship.”
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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.