framework for liberalization of the sector and establishes the telecommunications regulatory authority, is particularly noteworthy. Furthermore, the opening of the market
to competition by removal of Turk Telecom’s monopoly in the sector is another positive development.
Nevertheless, as stated in the ‘‘Turkey 2007 Progress Report,’’ prepared by the European Commission, a number of issues still remain to be addressed regarding Turkish
harmonization of telecommunications laws. In this regard, the licensing regime and
the high communications taxes imposed on operators are considered particularly problematic. 22 The restrictive licensing scheme imposed on access providers by the Telecommunications Authority is out of line with the EU directives. Turkey will need to
abolish its licensing regime for electronic communications services and replace it with
a clear, predictable, and transparent general authorization process, as proposed by
the EU.
A further concern is that Turk Telecom’s owners possess a 21-year concession agreement over all equipment, which has to revert to the government at the end of the
concession. This provision by itself is inconsistent with the overall character of EU telecommunications law.
Turkey Mass Media Laws Regulating Freedom of Expression
The legal framework that regulates the freedom of expression and freedom of press
in Turkey consists of the Press Law 23 and the Law on the Establishment of Radio and
Television Enterprises and Their Broadcasts (the RTUK Law). 24 The current Press Law
applies only to the print media, while the RTUK Law covers TV and radio broadcasts.
Turkey’s 2004 Press Law No. 5187 annuls the former Press Law No. 5680 and its
amendments, which was heavily criticized for bringing Internet broadcasting within
the ambit of press legislation, thereby subjecting Web sites and ISPs to monitoring
standards entirely incompatible with the characteristics of the Internet. 25 After reaffirming the constitutional principle that the press is free, Article 3 of the Press Law
goes on to state that ‘‘this freedom may be restricted in accordance with the requirements of a democratic society to protect the reputation and rights of others as well as
public health and public morality, national security, and public order and public
safety; to safeguard the indivisible integrity of its territory; to prevent crime; to withhold information duly classified as state secrets; and to ensure the authority and impartial functioning of the judiciary.’’ In addition, the Press Law sets certain limits on the
freedom of press on the following points:
1 Compromising the judicial process (Art. 19)
1 Encouraging sexual assault, murder, or suicide (Art. 20)
1 Illicit disclosure of identities (Art. 21)
1 Failure to publish reply and correction (Art. 18)
346
Turkey
to competition by removal of Turk Telecom’s monopoly in the sector is another positive development.
Nevertheless, as stated in the ‘‘Turkey 2007 Progress Report,’’ prepared by the European Commission, a number of issues still remain to be addressed regarding Turkish
harmonization of telecommunications laws. In this regard, the licensing regime and
the high communications taxes imposed on operators are considered particularly problematic. 22 The restrictive licensing scheme imposed on access providers by the Telecommunications Authority is out of line with the EU directives. Turkey will need to
abolish its licensing regime for electronic communications services and replace it with
a clear, predictable, and transparent general authorization process, as proposed by
the EU.
A further concern is that Turk Telecom’s owners possess a 21-year concession agreement over all equipment, which has to revert to the government at the end of the
concession. This provision by itself is inconsistent with the overall character of EU telecommunications law.
Turkey Mass Media Laws Regulating Freedom of Expression
The legal framework that regulates the freedom of expression and freedom of press
in Turkey consists of the Press Law 23 and the Law on the Establishment of Radio and
Television Enterprises and Their Broadcasts (the RTUK Law). 24 The current Press Law
applies only to the print media, while the RTUK Law covers TV and radio broadcasts.
Turkey’s 2004 Press Law No. 5187 annuls the former Press Law No. 5680 and its
amendments, which was heavily criticized for bringing Internet broadcasting within
the ambit of press legislation, thereby subjecting Web sites and ISPs to monitoring
standards entirely incompatible with the characteristics of the Internet. 25 After reaffirming the constitutional principle that the press is free, Article 3 of the Press Law
goes on to state that ‘‘this freedom may be restricted in accordance with the requirements of a democratic society to protect the reputation and rights of others as well as
public health and public morality, national security, and public order and public
safety; to safeguard the indivisible integrity of its territory; to prevent crime; to withhold information duly classified as state secrets; and to ensure the authority and impartial functioning of the judiciary.’’ In addition, the Press Law sets certain limits on the
freedom of press on the following points:
1 Compromising the judicial process (Art. 19)
1 Encouraging sexual assault, murder, or suicide (Art. 20)
1 Illicit disclosure of identities (Art. 21)
1 Failure to publish reply and correction (Art. 18)
346
Turkey