Protecting Intellectual Property: Understanding the Role of Internet Service Providers in Combatting Illegal IPTV in Turkey
Although Article 6 of The Internet Law initially appears to align with Article 14 of the e-Commerce Directive, commonly known as the “mere conduit” defense, it is important to note that The Internet Law offers protection against specific cybercrimes while excluding copyright infringement. As stated in Article 8 of The Internet Law, blocking injunctions can be implemented for offenses such as incitement to suicide, sexual abuse of children, facilitation of drug or stimulant use, supply of harmful substances, obscenity, prostitution, provision of gambling venues, crimes against Atatürk, offenses specified in Law No. 7528 on the Organization of Betting and Games of Chance in Football and Other Sports Competitions, and certain offenses outlined in Law No. 2937 on State Intelligence Services and the National Intelligence Organization. Moreover, it is worth noting that while The Internet Law also provides safeguards against crimes targeting personal rights, copyright -excluding moral rights arising from it- is not categorized as a personal right under the Turkish judicial system.
An additional provision pertaining to the unauthorized IPTV content can be found in the supplementary article 4 of Law No. 5846 on Intellectual and Artistic Works. According to this provision, copyright owners have the right to request the removal of illicit content when it is facilitated by service providers employing various transmission methods, including digital broadcasting, for the dissemination of signals, audio, and/or visuals. Such requests are initially directed to the infringing content provider and subsequently to the public prosecutor.
A recent addition has been made to enhance the protection of illegal IPTV services. As outlined in the supplementary Article 1 of Law No. 5894 on the Establishment and Duties of the Turkish Football Federation, if unauthorized broadcasting of football matches, whether domestic or international, is identified on the internet, the Board of Directors of the Turkish Football Federation has the authority to order the blocking of specific publications, sections, or segments (such as URLs or similar identifiers). In cases where technical limitations hinder the blocking of specific content or where blocking select content proves ineffective in preventing infringement, a decision may be taken to block access to the entire website. While this measure specifically focuses on football matches, it has proven to be an highly effective method in combating illegal IPTV, enabling swift website shutdowns within a remarkable timeframe of just 10 minutes.
Although Article 6 of The Internet Law initially appears to align with Article 14 of the e-Commerce Directive, commonly known as the “mere conduit” defense, it is important to note that The Internet Law offers protection against specific cybercrimes while excluding copyright infringement. As stated in Article 8 of The Internet Law, blocking injunctions can be implemented for offenses such as incitement to suicide, sexual abuse of children, facilitation of drug or stimulant use, supply of harmful substances, obscenity, prostitution, provision of gambling venues, crimes against Atatürk, offenses specified in Law No. 7528 on the Organization of Betting and Games of Chance in Football and Other Sports Competitions, and certain offenses outlined in Law No. 2937 on State Intelligence Services and the National Intelligence Organization. Moreover, it is worth noting that while The Internet Law also provides safeguards against crimes targeting personal rights, copyright -excluding moral rights arising from it- is not categorized as a personal right under the Turkish judicial system.
An additional provision pertaining to the unauthorized IPTV content can be found in the supplementary article 4 of Law No. 5846 on Intellectual and Artistic Works. According to this provision, copyright owners have the right to request the removal of illicit content when it is facilitated by service providers employing various transmission methods, including digital broadcasting, for the dissemination of signals, audio, and/or visuals. Such requests are initially directed to the infringing content provider and subsequently to the public prosecutor.
A recent addition has been made to enhance the protection of illegal IPTV services. As outlined in the supplementary Article 1 of Law No. 5894 on the Establishment and Duties of the Turkish Football Federation, if unauthorized broadcasting of football matches, whether domestic or international, is identified on the internet, the Board of Directors of the Turkish Football Federation has the authority to order the blocking of specific publications, sections, or segments (such as URLs or similar identifiers). In cases where technical limitations hinder the blocking of specific content or where blocking select content proves ineffective in preventing infringement, a decision may be taken to block access to the entire website. While this measure specifically focuses on football matches, it has proven to be an highly effective method in combating illegal IPTV, enabling swift website shutdowns within a remarkable timeframe of just 10 minutes.
Protecting Intellectual Property: Understanding the Role of Internet Service Providers in Combatting Illegal IPTV in Turkey
Although Article 6 of The Internet Law initially appears to align with Article 14 of the e-Commerce Directive, commonly known as the “mere conduit” defense, it is important to note that The Internet Law offers protection against specific cybercrimes while excluding copyright infringement. As stated in Article 8 of The Internet Law, blocking injunctions can be implemented for offenses such as incitement to suicide, sexual abuse of children, facilitation of drug or stimulant use, supply of harmful substances, obscenity, prostitution, provision of gambling venues, crimes against Atatürk, offenses specified in Law No. 7528 on the Organization of Betting and Games of Chance in Football and Other Sports Competitions, and certain offenses outlined in Law No. 2937 on State Intelligence Services and the National Intelligence Organization. Moreover, it is worth noting that while The Internet Law also provides safeguards against crimes targeting personal rights, copyright -excluding moral rights arising from it- is not categorized as a personal right under the Turkish judicial system.
An additional provision pertaining to the unauthorized IPTV content can be found in the supplementary article 4 of Law No. 5846 on Intellectual and Artistic Works. According to this provision, copyright owners have the right to request the removal of illicit content when it is facilitated by service providers employing various transmission methods, including digital broadcasting, for the dissemination of signals, audio, and/or visuals. Such requests are initially directed to the infringing content provider and subsequently to the public prosecutor.
A recent addition has been made to enhance the protection of illegal IPTV services. As outlined in the supplementary Article 1 of Law No. 5894 on the Establishment and Duties of the Turkish Football Federation, if unauthorized broadcasting of football matches, whether domestic or international, is identified on the internet, the Board of Directors of the Turkish Football Federation has the authority to order the blocking of specific publications, sections, or segments (such as URLs or similar identifiers). In cases where technical limitations hinder the blocking of specific content or where blocking select content proves ineffective in preventing infringement, a decision may be taken to block access to the entire website. While this measure specifically focuses on football matches, it has proven to be an highly effective method in combating illegal IPTV, enabling swift website shutdowns within a remarkable timeframe of just 10 minutes.