TURKEY

The Turkish legal system witnessed significant developments in many aspects throughout the past year and managed to integrate the necessary changes into its system in response to evolving conditions.

When examining the developments within the scope of media law, the Advertising Board explicitly established through its Guide that statements regarding the anticipated environmental impacts of goods or services in the future can only be used if included in a publicly available and verifiable strategic document.

The decisions made by the institution in the year 2023, it is evident that the Advertising Board, when advertisements contain claims regarding the anticipated environmental impacts of the advertiser's goods or services, has the capacity to specifically scrutinize the basis of these claims.

The Board evaluates whether the burden of proof has been met in accordance with legal regulations. In this manner, the Advertising Board is standardizing its practices concerning the oversight of statements related to anticipated future environmental impacts in its decisions.

Another significant development is the enactment of the law related to the taxation of digital platforms and the tax obligations of content creators, known as the controversial "Disinformation Law" or the "Law Amending Some Laws, Including Press Law No. 7418." This law, particularly Article 29, has sparked significant debates. This article stipulates that individuals who publicly disseminate false information with the intention of causing concern, fear, or panic, likely to disrupt public peace, national and international security, public order, and general health, may face imprisonment ranging from one to three years.

When an assessment is made within the scope of business, in the realm of the media sector, notable business developments indicate that one of the major production companies is slated for sale within this year, and our firm is overseeing the legal aspects of this process. This transaction is anticipated to encompass various legal intricacies involving negotiations, contractual obligations, regulatory compliance, and due diligence procedures, all within the context of the media industry landscape.

In Turkey, according to the Estimated Media and Advertising Investments Report for the first half of 2023, media and advertising investments saw a 79.25% increase compared to the same period of the previous year.

During the initial six months of 2023, advertising investments in digital platforms surged by 75.59% compared to the corresponding period in the previous year. As a result, the allocation towards digital platforms accounted for 65.87% of the overall investments. The predominant segments of these investments were allocated to display or click-based applications and video formats, with social media advertising comprising 45.29% of the entire digital advertising investments.

Another pivotal development involves Disney+'s resolution to cease investment in local content. This globally resonant decision is meticulously observed by industry stakeholders due to the temporary suspension of country-specific local content production.

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Gün + Partners has a high profile portfolio with clients from the broadcast and music sectors. Areas of specialisation include internet, private broadcasting and electronic communication. The firm’s service areas include advisory, transactional, dispute resolution and compliance. Clients single out the firm for its work on due diligence.

Specialising in advertising, media and entertainment, NSN Law Firm routinely assists advertising agencies, radio broadcasters and television producers. Lawyers have in-depth knowledge of the gaming sector, with experience assisting computer games companies and intermediary firms conducting sweepstakes and contests. The team has a reputation for excellence, and extensive experience advising on local and multinational media cases.

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CBC Law is a full-service law firm based in Istanbul, serving local and international clients. The team has extensive expertise in the fields of intellectual property, media and entertainment as well as technology. The firm advises a range of clients on the establishment of IP TV services, VOIP services and telecommunication services, such as in-car internet. The firm manages intellectual property portfolios, supporting clients in trademark, copyright, and patent law. CBC Law also has considerable experience in dispute resolution, business crime, compliance, corporate, employment and tax law. Lale Defne Mete leads the Media and Entertainment team.

Lawyers at ELIG Gürkaynak Attorneys-at-Law have extensive experience advising media-sector clients. The team works on a range of cases including the launch of new media platforms, film productions and distribution arrangements. Lawyers have extensive experience working on a multitude of cases relating to media, entertainment and information technology law.

Since 2010, Gokce Attorney Partnership has been one of the pioneers in the sector and one of the 'digital media experts' in the Turkish legal market. Adopting Gokce's long-lasting principle of “Answers. Not Theories,” the team has unique expertise in Web 3.0 projects, blockchain and cryptocurrencies, NFT and metaverse projects particularly with regard to regulatory compliance, IP management/copyright and licensing, broadcasting and digital content, interactive entertainment and e-sports, advertising, marketing and strategic communications Gokce's media team has excellent skills in intellectual property law, data protection, e-commerce, and internet law. As a result, the team's clients range from authors, artists, publishers, producers, game developers, streaming platforms, to online content providers. Some key clients of the team are Codeway Studios, Masomo/Miniclip, iLab Holding, Narcade Games, All Stars Music, and Unipoly Games. The team is led by the partners Görkem Gökçe, the managing and founding partner; Prof. Dr. Ali Paslı, an IP expert and IT law expert Assoc. Prof. Mehmet Bedii Kaya.”

The TMT group at Güner Law Office works with some of the country’s largest media companies advising on regulatory and transactional matters. The highly regarded practice has a dedicated intellectual property practice, specialising in all aspects of copyright law. The firm is also distinguished for its litigation and arbitration expertise.

Pekin & Pekin’s media and entertainment team operates under the management of the corporate practice, combining expertise in the area of tax, banking and dispute resolution. Corporate transactions account for a significant proportion of the firm’s work - with deals involving the print industry. The full-service practice,has a remarkable reputation with over four decades of activity.

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Cerrahoglu ’s experience includes merger and acquisition advice to radio channels. The firm represents world-leading media companies, advising on media legislation and commercial law. The team negotiates a number of corporate transactions between Turkish partners and global media corporations.

Öncel, Aydin & Uygun Attorney Partnership combines e-commerce, IT and media law under one practice group. With particular focus on mergers and acquisitions, the team advises on investments, compliance and legislation. Lawyers are also have experience in handling copyright and advertising disputes.

Litigation specialist Suluk International Property has significant experience in the area of rights protection. The firm includes a team of is highly regarded litigators and respected figures in the legal market. In related work, the team advised Turksat, the country’s only cable television operator, on re-transmission rights. In other work the team assisted with sublicensing issues relating to a television series screened on local television channels.

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Çaga & Çaga acts for magazines and newspapers, entertainment companies and advertisers. The team advises on media-related investments, management and re-organisations. Lawyers provide cross-practice assistance on tax and commercial disputes.

Gültekin Law Office has two decades of experience advising clients in the media sector. The firm works with clients on media-related investments, management and organisation and daily operations. Other core areas of emphasis include advertising regulations and licensing.

Mustafa Tırtır Law Firm works solely on criminal law. The firm’s areas of practise are protection of intellectual property rights, unfair competition, internet law and cyber-crimes. The team also works on organisational and white-collar crimes, fraud and anti-fraud advisory, tax crimes, crimes of omission. The practice adopts a client-oriented approach to each case, using its experience and extensive knowledge and research. At every step or the process, lawyers make sure that all data and information from clients remains secure and confidential. The firm is highly conscious of social responsibilities and, thus, values cooperation with civil society.

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BTS & Partners

Gün + Partners

Moroglu Arseven

NSN Law Firm

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ELIG Gürkaynak Attorneys-at-Law

CBC Law

Gökce Attorney Partnership

Güner Law Office

Pekin & Pekin

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