The Legal 500

Focus items in this edition: Internet Services and Call Centre Quality Targets 

The long awaited Regulation on Advertising Activities for Medicinal Products, published in the Official Gazette No: 28037 dated 26.08.2011 (the “New Regulation”), has replaced the former Regulation of 23.10.2003 (the “Regulation”). The rationale behind this change was a Council of State decision issued on 14.12.2005 and which annulled most of the provisions in the Regulation concerning the advertisement of pharmaceuticals to the public.

NEW LAW ON THE ESTABLISHMENT AND BROADCASTING SERVICES OF RADIO AND TELEVISION ENTERPRISES BRINGS SIGNIFICANT CHANGES INTO TURKISH MEDIA SECTOR

Introduction
The Law on the Establishment and Broadcasting Services of Radio and Television Enterprises was published in the Official Gazette on 03.03.2011 (the “RTUK Law”) and replaced its previous version dated 13.04.1994 (the “Old Law”). This article aims to provide a brief overview of the main changes introduced by the RTUK Law. With the entry into force of this new legislation, the Turkish media sector is expected to become an even more accessible and attractive target area for foreign and domestic investors.

(1) Regulation Regarding Coded or Encrypted Communication (2) Amendment to the RTUK Regulation on Satellite Broadcasting License and Permits (3) Regulation on Internet Domain Names

The Regulation on Motor Vehicles Type Approval Concerning the Protection of Pedestrians and Other Vulnerable Road Users entered into force on 1 September 2010.

The Radio and Television Supreme Authority amended the Satellite Broadcasting License and Permit Regulation on 16 October 2010. Pursuant to the amendment to the Regulation, broadcasting organisations that hold terrestrial licenses and organisations that hold cable broadcast licences and permits can also obtain satellite broadcast licenses and permits to use satellites to transmit these broadcasts.

The Information Technologies and Communication Authority announced the Regulation regarding Consumer Rights in the Electronic Communications Sector on 28 July 2010, which repeals the previous regulation on this matter.

Energy consumption has increased both globally and domestically because of population growth. Activity in the energy sector has accelerated in our country, as well as in the world, in order not to have difficulties in energy supplies as a result of this increase in demand.

Since the beginning of 2007, the Telecommunications Authority ("Authority") and the Ministry of Transportation have stepped up the pace of their studies and regulatory activities. The Authority has issued further regulations that are important to the liberalization process by enhancing competition in this vibrant market. Although the Electric Communications Law, which is the telecommunication sector's landmark legislation, is still under review, secondary legislation is steadily evolving towards compliance with the European Union's Acquis Communitaire. 

The Radio and Television Supreme Council has imposed a 12-programme suspension penalty on a highly rated entertainment programme for a breach of the Law on the Establishment and Telecast of Radio and Television. Under the law, the suspended programme must be replaced with documentaries chosen from a list provided by the state-owned broadcaster.