Can the public find out who owns the media through free access to the essential information required?
It is not possible to find out who owns the media in Turkey through media-specific or corporate laws. Neither print media (under the Press Law) nor broadcast (under the Law on the Establishment of Radio and Television Institutions and Their Broadcasts) or online media (under the Law on the Establishment of Radio and Television Institutions and Their Broadcasts and the Law on the Regulation of Online Broadcasts and the Struggle of Crimes Committed Online) are required to report the essential information required to identify ownership. None of the three laws requires disclosure of beneficial owners or those with indirect control or a significant interest to a media authority or to the public.
All media companies must be established as joint stock companies and are therefore subject to company law. Shareholding information can easily be accessed through the company’s website and through the database of the trade registry. However, if shares are owned by one and actually used by another one as per an internal agreement (beneficial ownership), this information is not required to be disclosed by private or publicly-listed companies meaning ultimate ownership cannot therefore be identified.
DRAFT – FOR PUBLIC CONSULTATION: This research has been carried out by national experts and is open for consultation. Please let us know if you have any suggestions, or if you spot any errors or omissions by emailing info@access-info.org.
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Relevant Laws:
Turkish Constitution (unofficial translation)
Law on the Establishment of Radio and Television Institutions and their Broadcasts
Regulation on the Administrative and Financial Terms to Be Obeyed By Media Service Provider Institutions and the Platform and Infrastructure Service Operators
Regulation on the Procedures and Principles of Reporting and Auditing of the Commercial Advertisement Revenue Gained by Media Service Provider Entities and Payment of the RTUK Portions
Press Law No. 5187 (unofficial translation)
Turkish Commercial Code No. 6762
Communiqué of the Capital Markets Board
Law on the Protection of Competition No. 4054
Corporate Governance Principles Capital Markets Board of Turkey
Regulation on the Procedures and Principles of Online Broadcasts (in Turkish)
Regulation on the Conditions of Allocation of Channel or Frequency Band to Radio and Television Institutions and Their Tender Procedures
Law No. 4982 on the Right to Obtain Information
Law on the Regulation of Online Broadcasts and the Struggle of Crimes Committed Online
Regulation on the Procedures and Principles of Internet Broadcasts (in Turkish)