The social network providers ("SNPs") originating abroad that exceed one million daily access originating from Turkey, are obliged to appoint a representative in Turkey as of 1.10.2020.
The SNPs shall make the contact information of this representative easily legible and accessible on its website. SNPs are also obliged to report this person's identity and contact information to the Information Communications and Technologies Authority ("Authority"). In the event that such representative is a real person, then the representative should be a Turkish citizen.
Upon the date of 1.10.2020, the Authority may send a notification to SNPs originating abroad if the SNPs fail to fulfil this obligation. In that case, the SNPs are obliged to appoint a representative within 30 days upon the receipt of Authority's notification.
The Amendment sets forth the imposition of a 5-staged sanction mechanism to be applied gradually by the President of the Authority in the event of SNPs' failure to comply with the obligation to appoint a representative and notify the Authority and continue violating this obligation within the following determined time periods: (i) administrative monetary fine in an amount of TL 10 (ten) million, (ii) additional administrative monetary fine in an amount of TL 30 (thirty) million (in the event such obligation is still not fulfilled within the period of 30 (thirty) days after the receipt date of the notification for the first administrative monetary fine), (iii) ban for the resident tax payers to place new advertisements to the SNPs (in the event that the obligation is still not fulfilled within 30 (thirty) days period after the receipt date of the notification for the second administrative monetary fine), (iv) bandwidth throttling up to 50% (in the event that the obligation is still no fulfilled within a period 3 (three) months after the date of the advertisement ban decision) and (v) bandwidth throttling up to 90% (in the event such obligation is still not fulfilled within 30 (thirty) days period after the first bandwidth throttling).
Originally published by SRP Legal, October 2020
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