Özgün Law Firm

Upon enaction of the Law Nr. 7346 Amending Certain Laws published on the Official Journal on December 25, 2021, a new additional article was incorporated under the Law Nr. 5894 on Establishment and Duties of the Turkish Football Federation. With this article, the Board of Directors of the Turkish Football Federation ("TFF") is now authorized to block access in case it is determined that the broadcasts related to football matches are used illegally on the internet.

As per the said regulation; if it is determined that the broadcasts related to football matches within the borders of Turkey are made available on the internet illegally, the Board of Directors of TFF may decide to block the access regarding the broadcast and section in which the violation occurred. In addition, in cases where access to the infringing content cannot be technically prevented or the violation cannot be prevented by blocking access to the relevant content, the Board of Directors of TFF is authorized to impose an access block for the entire website.

With this authorization granted to the Turkish Football Federation Board, it is authorized to block access to the content of the website or the entire website without a court decision, based on protection of broadcasting rights. In this case, it is of great importance that the people who will take charge in the administrative unit should be selected from experienced experts in their fields, and have a good grasp of TFF decisions, judicial decisions and regulations.

The article incorporated under the Law Nr. 5894 is as follows:

“Protection of broadcasting rights

SUPPLEMENTAL ARTICLE 1 – (1) In case it is determined that the broadcasts related to football matches within the borders of the Republic of Turkey are made available on the internet illegally, the Board of Directors shall decide to block access regarding the broadcast and section where the violation occurred. However, in cases where it is not technically possible to block access to the infringing content or the violation cannot be prevented by blocking access to the relevant content, a decision may be made to block access to the entire website. This decision is sent to the Access Providers Association in accordance with Article 6/A of the Law on the Regulation of Broadcasts Made on the Internet and Fight Against Crimes Committed Through These Broadcasts, dated 04/05/2007 and numbered 5651. Against this decision, an appeal can be made to the Criminal Judgeship of Peace within one week. An administrative unit is established within the TFF to carry out the works and procedures related to blocking of any such access. The Board of Directors may delegate its authority under this article to persons who will be commissioned in the administrative unit.

(2) If it is determined that the broadcasts related to football matches outside the borders of the Republic of Turkey are made available on the internet illegally, the provision of the first paragraph shall be applied upon the request of the broadcasting right holder. However, in order for the request to be made, it is obligatory to notify the TFF of the contract regarding the broadcasting right, and to prove the right ownership.

(3) The procedures and principles regarding the implementation of this article are determined by the instruction to be issued by the Board of Directors.”