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As emphasized in our recent article1 on publishing rights in online use, the transformative impact of digitalization on the media and publishing sector has necessitated fundamental changes in copyright law. Within this framework, the Draft Law on Digital Copyright (“Draft”), which aims to protect copyrights in digital media, was submitted to the Turkish Grand National Assembly on 11 December 2025 and is currently under review by the relevant commission.
The Draft has been designed to ensure the effective copyright protection in digital environments, to safeguard the accessibility of content serving public interest, and to uphold the delicate balance between freedom of expression and copyright.
Determining the Liability of Intermediary Service Providers Regarding Copyright
The Draft foresees obligations specifically for platforms with more than 250,000 individual daily users. Platforms are required to establish automated content recognition systems, detect and remove copyright infringements, conduct licensing negotiations with right holders, and share content revenues. This approach aims to move platforms beyond their role as mere technical intermediaries and encourage them to play an active role in the protection of copyright. However, this may entail certain risks to freedom of expression and the right of access to information. The tendency of platforms to remove disputed content in order to avoid legal liability may result in the removal of content that serves the public interest. Thus, it is crucial to maintain a sensitive balance between the protection of copyright and freedom of expression.
Establishment of Licensing Mechanisms for Online Press and Media Content
The Draft aims to ensure that the economic value derived by digital platforms from published content is shared with publishers. In this context, it is envisaged that licensing relationships will be established between platforms and rights holders, with the objective of ensuring a more balanced distribution of the revenue generated in digital environments. This approach is in line with the European Union’s Directive on Copyright in the Digital Single Market and similar regulations in Australia2 and Canada3. However, as seen in the example of Spain4, there is also a risk that such regulations may lead to restrictions on the services provided by platforms. For this reason, the manner in which licensing negotiations are conducted and the relative bargaining power between the parties will be decisive for the effective implementation of the proposed Draft.
Acknowledgement of the “Fair Use” Exception
The Draft shall also recognizes the “fair use” exception. Education, scientific research, critique, commentary, parody, news reporting, archiving and access for people with disabilities are included within this scope. The boundaries of fair use will be determined by criteria such as the purpose of use, its nature, the significance of the amount being used and the impact on the copyright holder’s economic market.
Removal of Content through Notice-and-Take Down
It is envisaged that rights holders will report infringing content to platforms, and that platforms will remove such content within specified timeframes following the necessary review. This obligation will also apply to intermediary service providers that meet certain thresholds.
Establishment of Institutional and Legal Mechanisms for Resolution of Copyright Disputes
The Draft provides for the establishment of a Copyright Monitoring Authority (“Authority”), a Copyright Monitoring Board, as well as a Copyright Dispute Arbitration Commission (“Commission”). The Authority shall be tasked with monitoring the obligations of digital platforms and assessing developments in the sector. The Commission is envisaged as an expert-led alternative mechanism to provide swift resolution for disputes arising particularly from licensing and revenue-sharing processes. While the Commission’s decisions shall be binding, the parties’ right to seek judicial remedies before the courts remains reserved.
Administrative Sanctions
The Draft provides for administrative fines of between 1% and 5% of annual revenue in Türkiye to be imposed on intermediary service providers who breach obligation; it also stipulates that the amount may be increased to up to 10% in the event of repeated breaches or gross negligence. However, given the high number of infringements occurring particularly on large scale platforms, the proportionality of the proposed sanctions remains open to debate. It is therefore important that the sanction mechanism serves as an effective deterrent while remaining sufficiently proportionate so as not to hinder the development of the digital ecosystem. Furthermore, the aim is to establish a sustainable framework for cooperation between right holders and platforms through incentive mechanisms.
In conclusion; the Draft represents a significant step towards restructuring the legal framework governing the production and distribution of digital content in Türkiye. However, issues such as the scope of liability for intermediary service providers, the impact of automated content moderation systems on freedom of expression, the balance of power between parties in licensing negotiations, and the boundaries of the fair use exception will be critical in practice. Furthermore, the relationship between the new institutional structures and the existing administrative and judicial systems is among the issues that will require clarification in implementation.
In this context, while the Draft Law on Digital Copyright represents an important initiative for the development of digital copyright law, its ultimate impact will depend on how the balance between copyright, freedom of expression and the right of access to information is established in practice.
Footnotes
1. https://gun.av.tr/insights/articles/publishing-rights-in-online-use-recent-developments
2. https://www.copyright.org.au/browse/book/ACC-Licences-for-Digital-Resources-INFO102
4. https://europe.googleblog.com/2014/12/an-update-on-google-news-in-spain.html and https://blog.google/products-and-platforms/products/news/google-news-returns-spain/
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