Report: Turkey to require social media platforms to set up local companies

Turkey is planning to introduce new regulations that would significantly expand the internet authority's powers to restrict access to social media platforms without a court order, according to a report by the Ekonomim news site.

A draft amendment to the regulation by the Information and Communication Technologies Authority (BTK) would authorize the agency to directly restrict access to applications or websites provided by "over-the-top service providers," a term that includes social media and messaging platforms, on grounds of “national security, public order, public health, or similar public interest considerations."

BTK already holds the authority to throttle bandwidth by up to 90 percent for up to 24 hours in certain cases. This method, frequently used during emergencies such as natural disasters, protests, or bomb attacks, was last implemented on Mar 19, when İstanbul’s mayor and nearly 100 municipal officials were detained in early-morning raids. The throttling lasted approximately 42 hours, rendering major platforms including X, YouTube, Instagram, TikTok, Facebook, WhatsApp, and Telegram nearly inaccessible.

Social media platforms to set up domestic companies

The draft regulation also introduces new obligations for platforms with more than one million users in Turkey. In addition to the existing requirement to appoint a local representative, platforms would now be required to establish a limited or joint-stock company within the country. These companies would have to obtain official authorization from BTK in order to operate.

This move aims to ensure that social media companies comply fully with Turkish law. After the 2020 enactment of the "social media law," platforms initially resisted the representative requirement but eventually complied following advertising bans, large fines, and the threat of bandwidth throttling.

Authorized companies will be subject to a range of obligations, including paying authorization fees and contributing to the universal service fund. They must also comply with administrative sanctions outlined in existing regulations.

The regulations cover issues such as service provision bans, suspension of operations, consumer protection, ensuring fair competition, network and information security, data interoperability, protection of personal data, reporting of sectoral data and security incidents to BTK, and fulfilling legal duties related to public order and national security.

Companies that fail to obtain authorization or operate in violation of the regulations could face administrative fines ranging from 1 million to 30 million Turkish liras. Entities that do not secure authorization within six months would face a 95 percent reduction in bandwidth. If compliance is not achieved within three months after the six-month period, access would be fully blocked.

The draft also includes a provision that could prevent non-compliant companies from receiving authorization for up to three years under certain conditions. (HA/VK)