KÜHEYLAN HUKUK
The Guideline for the Establishment and Broadcasting Services of Radios and Televisions No. 6112 under Article 29/A, Art. 32 and Art. 33 was prepared on the basis of legislation in force as of 2026 and official sources dated November 2026.
The Supreme Board of Radio and Television (RTUK) applies administrative fines, program-stopping, and repeats to media service providers calculated according to the gross commercial communication revenue of the previous month, and license cancellation sanctions. Radio, television and optional broadcasting service providers who wish to offer their broadcasts only online must also obtain a license from RTÜK under Article 29/A of Law No. 6112. In the administrative court against RTÜK sanctions, the time period to file a lawsuit is fifteen days from notification, as opposed to the general sixty-day period, and the case does not stop the implementation of the decision.
What Sanctions Can RTUK Implement?
32 of Law No. 6112. The article divides sanctions into two groups. 8 of the Act. From the basic principles of publication in paragraph one of its article, to certain clauses (such as State's existence and independence, incitement to hatred and hostility, praise of terrorism, general morality, praise of crime, abuse against children, obscenity, and inciting violence), an administrative fine shall be imposed on the organization that broadcasts against it from two percent to five percent of gross commercial communication revenue in the month before the breach was determined. Publications that demean individuals or organizations beyond the limits of criticism are up to three percent in violation of other principles and obligations, such as impartiality and accuracy, and violation of guilt. In both groups, the Law stipulated separate sub-limits for radio and television organizations.
In violation of the first group, it may be decided to stop the program up to five times in conjunction with the fine or separately subject to the breach, and to remove the program from the catalog in optional publications. When the program is discontinued, the responsible producer and server cannot or will not be able to make another program in the same or different organization (m.32/4) for the duration of the stop. The Supreme Council may issue a notice in lieu of a fine, one-off for each violation in the second group (m.32/8).
How Do Sanctions Get Heavy Again?
32 of the Law. According to the fifth paragraph of the article, if the same violation is repeated within one year following the notification of the sanction decision after one of the most severe principles, the publication shall be stopped for up to ten days; in the second repetition, the broadcasting license shall be revoked. In terms of other principles and rules of commercial communication, in the event of more than twenty violations within a year, publication is stopped for up to five days, time increases in repeats, and eventually license cancellation is raised. Despite the decision to discontinue broadcasting, continued publication is a direct reason for license cancellation.
Press Law or Law No. 6112 7. The publication in violation of the broadcasting bans introduced under its article depends on a separate sanction regime: in the first violation, the broadcast of programs is stopped for one day, in the repeats within a year up to five and fifteen days, in the third repetition the license cancellation is applied (m.7/4).
Do I Need a RTUK License for Broadcasting over the Internet?
According to Article 29/A, which was added to the Law on 21.3.2018, media service providers who want to offer radio, television and optional broadcasting services only from the Internet must obtain a broadcast license from the Supreme Council, and platform operators who wish to transmit these broadcasts online must also receive broadcast transmission authorization. The procedures and principles are regulated by the common regulations of RTUK and the Information Technology and Communication Agency.
Individual communication is not within this scope. In addition, only those who provide space with platforms that are not specific to transmitting streaming services online do not count as platform operators (m.29/A-4). In practice, the discussion is centered on whether social media channels that broadcast news and commentary with regular program flow and generate commercial revenue are counted as media service providers. The fact that RTÜK gave 72 hours to apply for a license to a public-recognized journalist's YouTube channel in 2025 shows the relevance of this comment in practice.
If unlicensed publication is detected, at the request of the Supreme Council, the magistrate may decide to remove content or block access without trial within twenty-four hours; this decision may be contested under the provisions of the Criminal Procedure Act (m.29/A-2). The actual persons who broadcast without a license and the members of the board of directors and general manager of corporate persons have also been sentenced to imprisonment and judicial fines from one year to two years (m.33).
How to File a Case Against the Sanction Decision?
32 of the Law. In accordance with the ninth paragraph of the article, a judicial proceeding shall be taken in accordance with the provisions of the Administrative Judiciary Procedure Law against sanctions decisions; however, the case must be filed within fifteen days from the notification of the transaction. The lawsuit does not stop the execution of the decision; therefore, the request to cease execution in program or broadcast cessation decisions must also be put forward on grounds. Decisions are communicated to the registered e-mail address (m.32/10) that the organization notified to the Board of Directors, and the fine is paid within one month from the notification (m.32/11).
In the case petition, evaluation within the integrity of the publication should be audited separately whether it is clearly shown which principle the violation is based on, whether the penalty rate is determined in proportion to the weight of the breach, and whether gross commercial communication income is correctly calculated. In news and debate programs, the Constitutional Court's jurisprudence on freedom of expression and press is at the heart of the infringement assessment.
Severe violation of principle 2-5% of gross commercial communications revenue; programme suspension up to 5 times
Other violations 1-3% of gross commercial communications revenue; a one-time warning may be available
Unlicensed Internet broadcast Peace penalty judge 24 hours access disability; m.33 punitive sanction
Event Summary Form: Fictional example: After a guest made heavy statements about a public official in a national televised political debate program, RTÜK imposed an administrative fine of three percent of gross commercial communications revenue on grounds of violation of the prohibition of derogation (m.8/1-ç) beyond the limits of criticism. The organization is known to have received no sanction before this bet. Process: The organization filed a lawsuit within fifteen days of the decision's notification to the KEP address, requesting that annulment and execution be stopped in the administrative court. The petition warns the guest during the broadcast, that the statement is the opinion of the guest and not the organization, that the criticism against the public servant is broad, that there is no justification for the election of the top rate, and in the first violation of the Act 32. It has been suggested that the possibility of warning in the eighth paragraph of the article was never evaluated. Conclusion: In the case of the Constitutional Court, the responsibility of the publisher for guest statements on live television is assessed in view of the measures taken and the contribution of the program to public debate. The interference of the server and the context of public debate make the detection of infringement itself questionable; the failure to evaluate the possibility of warning, and the unreasonable selection of the upper rate. Since the penalty is a credit that must be paid within a month, it is also appropriate to justify the request for an end of execution.
Does a YouTube channel have to obtain a RTUK license?
Individual shares are out of scope. However, channels with regular streaming, offering news or programs under editorial responsibility and generating commercial revenue can be considered as media service providers by RTÜK.
Can the RTUK penalty be paid in installments?
The law stipulates that the penalty shall be paid within a month of notification. The collection is made in accordance with the provisions of Law No. 6183; the possibility of subpoenas and installments must also be evaluated within the framework of the relevant legislation.
What happens if a fifteen-day trial period is missed?
The period is derogatory; the case filed after its term is rejected before it is entered into the basis. Therefore, daily follow-up of KEP notices is mandatory.
Can the same publication be a subject of both the RTUK penalty and the criminal case?
Yeah. 32 of the Law. The third paragraph of the article stipulates that administrative sanctions will be imposed without the condition of an investigation if the violation constitutes a crime.
Can a foreign broadcaster make an internet broadcast for Turkey?
Foreign organizations that publish for Turkey in Turkish or include commercial communication for Turkey must also obtain a RTUK license; otherwise, the access barrier may be applied (m.29/A-3).
• missing the fifteen-day deadline, considering that a general sixty-day period would be applied for administrative cases. • It is assumed that opening the case will stop the program decision on its own. • Not auditing the method of calculating gross commercial communication revenue. • Pre-assessment based on the publication model of whether or not a license is required in Internet publications. • Failure to document the measures taken by the server on live broadcast with records and transcripts.
RTUK sanctions require a quick and technical legal intervention due to the short trial period and the immediate implementation of the decision. With Internet broadcasting also being linked to the licensing regime, this risk has gone beyond traditional television and radio. Küheylan Law Firm provides support in the licensing processes of media service providers and internet publishers, requests to halt cancellation and execution against RTÜK sanctions, and preventive legal supervision of broadcast content.
Important Legal Notice: The legal statements contained in this guide are prepared by the Küheylan Law Office for general informational purposes and do not qualify as legal counsel. Since the lower limit amounts and license fees contained in the law can be updated, texts on the date of application must also be checked. Legal support from a lawyer is recommended before litigation and licensing processes. © 2026 Küheylan Law Office. All Rights Reserved.
KÜHEYLAN HUKUK