Authorization Requirement for OTT Service Providers

The Information and Communication Technologies Authority (ICTA) published a draft amendment to the Regulation on Authorization in the Electronic Communications Sector (Draft Regulation) with its decision numbered 2025/IK-YED/70 on 7 March 2025.

Under Article 9 of the Electronic Communications Law No. 5809, amended by Law No. 7418, ICTA was granted the authority to make necessary arrangements for the provision of over-the-top services (OTT) and to take measures, including imposing obligations, on operators, to prevent the supply of OTT services without authorization or without fulfilling the obligations stipulated in the regulations.

In this context, the Draft Regulation imposes authorization obligation on all OTT providers, except for (i) services that do not exceed the monthly unique access or user threshold determined by ICTA, and (ii) services do not have interpersonal electronic communication as a core element, as determined by ICTA.

OTT providers that exceed the monthly unique access or user threshold determined by ICTA will be subject to the authorization procedure, notification requirements and authorization fee as per the Draft Regulation.

ICTA has imposed the requirement for companies to be established in Turkey, to be an OTT provider. For a foreign-based company to offer OTT services in Turkey, it must establish a subsidiary in Turkey, with all shares owned by the foreign company.

OTT providers offering services without authorization may face administrative fines ranging from Turkish Liras 1,000,000 to 30,000,000. If the administrative fine is not paid on time and the OTT provider does not obtain authorization within six months as of the ICTA’s notification, their internet traffic bandwidth may be reduced by up to 95%. If the obligations are not fulfilled within three months following this decision, access to the relevant application or website may be blocked.

The authorization of OTT providers through notification to ICTA will commence after 1 January 2026.

The Draft Regulation is expected to come into effect on its publication date.