Bill on Digital Copyright and Online News Content Submitted to the Turkish Grand National Assembly

The “Bill on Digital Copyright and Online News Content” (“Bill”) submitted to the Turkish Grand National Assembly (“TGNA”) envisages the introduction of a mandatory revenue-sharing mechanism requiring digital platforms to compensate media organizations for the economic value they obtain from online news content. The Bill imposes financial and administrative obligations particularly on large digital platforms exceeding certain thresholds.

Digital Copyright Payment Obligation

Pursuant to the Bill, digital platforms will be required to pay “digital copyright” to media organizations where they use news content in a manner that generates economic value. Use that generates economic value includes listing, summarizing, previewing, or directing of news content in a way that increases advertising, subscription, sponsorship, data-based revenue, or user engagement. Mere sharing of a link (URL), provided that it does not include a headline, summary, thumbnail image, or similar additional elements and do not generate economic value, is excluded from the scope. Digital copyright is regulated independently from the economic rights set forth under Law No. 5846 on Intellectual and Artistic Works and establishes a separate payment obligation with respect to online use.

Platforms Within Scope

Digital platforms with annual gross digital services revenue originating from Türkiye exceeding TRY 100 million or with an average monthly active user number in Türkiye exceeding 1 million will be subject to special obligations. Thresholds of platforms within the same economic entity will be evaluated collectively. These platforms will be obliged to conduct a fair, transparent, and good-faith negotiation process with the media organizations whose news content they use. The reasonable sharing of data affecting the copyright fee and the prevention of unnecessary prolongation of the negotiation process are regulated. Media organizations are allowed to negotiate collectively.

Determination of the Copyright Fee and Minimum Threshold

The copyright fee will primarily be determined by agreement between the parties. In the absence of an agreement, criteria such as the cost of content production, engagement rates, the platform’s Türkiye sourced revenue and market share, the scale of the media organization, and the public nature of the content will be taken into consideration. It is regulated that the total annual digital copyright amount may not be less than a certain percentage of the platform’s annual gross digital services revenue originating from Türkiye. The rate may be determined between 1% and 3%.

Prohibition of Algorithmic Intervention and Transparency Obligation

Large digital platforms within scope are prohibited from reducing the visibility of news content, changing its ranking, or placing it at an algorithmic disadvantage due to copyright negotiations or copyright claims. Unfair discrimination among media organizations is also regulated as a violation. Additionally, platforms will be required to report annually to the Information and Communication Technologies Authority (“ICTA”) the payment methods and total copyright amounts under digital copyright agreements. It is envisaged that the main algorithmic parameters affecting the ranking and visibility of news content will be notified to the Authority.

Supervision and Sanctions

ICTA may audit whether the obligations are fulfilled ex officio or upon complaint. Digital platforms will be required to submit to ICTA the data forming the basis of copyright calculations. In case of acts contrary to the Law, an administrative fine of up to 5% of the annual digital services revenue generated in Türkiye may be imposed. If the violation is systematic and continuous, this rate may be increased up to 10%. Measures such as retroactive collection and temporary restriction of certain services are also envisaged.

Representative Obligation for International Platforms and Transition Period

International digital platforms falling within the scope of the Law are required to appoint an authorized representative in Türkiye.