The evaluation of the regulation on provision of radio, television and on-demand broadcasting services on the internet in the context of freedom of expression

Through the advancement of technology, the internet has become a part of our daily lives, and has become an essential medium for everyone, particularly as a result of its prominent features among mass media. These advances in the technology and internet world have changed the dynamics of the media and communication sector. The provision of radio, television or on-demand broadcasting services via the internet has created a new media order. Within the scope of the new media order, the demand for the platforms broadcasting through internet increasing day by day, and the conventional media is losing prominence. On the basis of these developments, new regulatory arrangements for the new media order have come to the fore. Regarding this new media order, which is a newer field compared to conventional broadcasting, Article 29/A has been added to the Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Media Services. Pursuant to this article, the Regulation on Provision of Radio, Television and On-Demand Broadcasting Services on the Internet (Regulation) has been published in the Official Gazette on August 1, 2019. As a result, this area called "new media" has been subject to certain regulations, as with conventional broadcasting. In this thesis, the provisions in the Regulation will be examined from both a technical and normative point of view, focusing especially on television and on-demand broadcasting services, and then evaluated in the constitutional context. Within this scope, freedom of expression will be discussed, and the areas of freedom of expression that intersect with the freedom of internet and audio-visual communication will be examined. As a result of the examination of technical and normative information and constitutional rights, the thesis will be finalized by submitting opinions, evaluations and legal policy recommendations on the regulations for the broadcasting services provided through the internet. Keywords: RTUK, ICTA, new media, freedom of expression, internet freedom, internet, freedom of audio-visual communication