Turkey Proposes Comprehensive Digital Copyright Reform Targeting Platform Accountability and Fair Revenue Sharing

The transformative impact of digitalization on media and publishing has prompted Turkey to propose significant reforms to its copyright framework. On 11 December 2025, the Draft Law on Digital Copyright (the "Draft") was submitted to the Turkish Grand National Assembly and is currently under review by the relevant parliamentary commission.

The Draft is designed to ensure robust copyright protection in digital environments while safeguarding content accessibility that serves the public interest. It also aims to maintain a delicate balance between freedom of expression and copyright enforcement.

A key feature of the Draft is the imposition of specific obligations on digital platforms with more than 250,000 individual daily users. These platforms will be required to implement automated content recognition systems to detect and remove copyright infringements. Additionally, they must engage in licensing negotiations with rights holders and share revenues generated from content use.

This approach seeks to move platforms beyond their traditional role as mere technical intermediaries, encouraging them to take an active role in copyright protection. However, this shift carries potential risks to freedom of expression and the right of access to information. Platforms may err on the side of caution by removing disputed content to avoid liability, potentially suppressing content that serves the public interest. The Draft underscores the importance of maintaining a sensitive balance between copyright enforcement and freedom of expression.

The Draft also aims to ensure that economic value derived by digital platforms from published content is fairly shared with publishers. It envisions establishing licensing relationships between platforms and rights holders to promote a more equitable distribution of digital revenues. This framework aligns with the European Union’s Directive on Copyright in the Digital Single Market and similar regulations enacted in Australia and Canada.

Nonetheless, experiences such as Spain’s regulatory environment illustrate potential risks, including restrictions on platform services. The effectiveness of the Draft will depend heavily on how licensing negotiations are conducted and the relative bargaining power of the parties involved.

The Draft explicitly recognizes the "fair use" exception, encompassing uses for education, scientific research, critique, commentary, parody, news reporting, archiving, and access for persons with disabilities. The boundaries of fair use will be determined by factors including the purpose and nature of the use, the amount of content used, and the impact on the copyright holder’s economic market.

Under the Draft, rights holders will report infringing content to platforms, which must then remove such content within specified timeframes following review. This removal obligation will also extend to intermediary service providers meeting certain thresholds.

To support enforcement and dispute resolution, the Draft proposes the establishment of a Copyright Monitoring Authority and a Copyright Monitoring Board. Additionally, a Copyright Dispute Arbitration Commission will serve as an expert-led alternative mechanism to swiftly resolve disputes arising from licensing and revenue-sharing processes. While the Commission’s decisions will be binding, parties retain the right to seek judicial remedies.

The Draft provides for administrative fines ranging from 1% to 5% of annual revenue in Turkey for intermediary service providers breaching their obligations. In cases of repeated breaches or gross negligence, fines may increase up to 10%. Given the volume of infringements on large platforms, the proportionality and deterrent effect of these sanctions remain subjects of debate. The legislation aims to balance effective deterrence with fostering a sustainable digital ecosystem through incentive mechanisms encouraging cooperation between rights holders and platforms.

In conclusion, the Draft Law on Digital Copyright represents a significant step toward modernizing Turkey’s legal framework for digital content production and distribution. Critical practical issues include defining intermediary liability scope, assessing the impact of automated content moderation on freedom of expression, balancing bargaining power in licensing negotiations, and clarifying fair use boundaries.

Moreover, the relationship between the newly proposed institutional bodies and existing administrative and judicial systems will require careful implementation and clarification.

Ultimately, the Draft’s success will depend on how effectively it balances copyright protection with freedom of expression and the public’s right to access information in Turkey’s evolving digital landscape.