This text provides a detailed overview of the recently proposed amendments to Law No. 5651, which introduce a comprehensive and stringent regulatory framework for the digital gaming ecosystem in Türkiye. The purpose of this alert is to inform affected gaming companies—specifically Game Providers and Game Distributors—of their upcoming legal obligations, the critical 6-month compliance timeline, and the severe sanction mechanisms introduced by the proposal.
EXECUTIVE SUMMARY
On March 4, 2026, a significant legislative proposal (the “Proposal”) concerning gaming and social media was submitted to the Parliament with the primary objective of protecting children. The Proposal introduces sweeping new obligations for both the gaming and social media sectors by amending Law No. 5651 Law on the Regulation of Publications on the Internet and Suppression of Crimes Committed by Means of Such Publications.
The Proposal was submitted to the Parliament by Members of Parliament from the ruling party. Based on prior legislative experience in Türkiye, draft laws originating from members of the ruling party are highly likely to be accepted and enacted into law, either in their current form or with only minor revisions during committee reviews.
Furthermore, the legislative process is expected to move swiftly. It is highly anticipated that this Proposal will be prioritized, debated, and legislated before the Parliament goes into recess at the end of the current legislative year on July 1, 2026. Consequently, companies should begin assessing their compliance readiness immediately rather than waiting for the final publication in the Official Gazette.
Timeline & Entry into Force: Please note that except the definitions regarding Game, Game Provider and Game Distributor, all requirements, obligations, and technical integrations outlined in this Proposal are planned to enter into force within 6 months of the law’s enactment and publication in the Official Gazette. The definitions regarding Game, Game Provider and Game Definition will enter into force on the publication date. This provides a critical, albeit tight, transitional window for affected companies to ensure compliance.
Detailed below are the proposed changes along with the new risk assessment requirements and the escalated sanction regime.
A. Definitions
The Proposal brings the digital gaming ecosystem under a specific regulatory framework for the first time, introducing legal definitions for “Game,” “Game Provider,” and “Game Distributor.”
Consequently, the Proposal formally introduces the following definitions.
- Game, digital games distributed, played, or updated over the internet;
- Game Provider, natural or legal persons producing games or in-game components;
- Game Distributor, natural or legal persons enabling the distribution or playing of games.
All actors will have a 6-month transition period to implement the following:
B. Mandatory Age Ratings
Game Providers are now obligated to rate games based on age criteria. Game Providers shall not provide unrated games.
Game Distributors are also prohibited from offering unrated games and if a game lacks a formal rating, the distributor must default to assigning it the highest possible age restriction category prior to offering the game. Furthermore, without prejudice to their existing liabilities as content or hosting providers, Game Distributors are strictly obligated to remove any content (games) that has not been duly rated.
C. Local Representation Requirement
Foreign Game Distributors with more than 100,000 daily accesses (please note that daily access should not be understood as daily access by unique users) from Türkiye must appoint a local representative (a natural or legal person) and publish their contact details clearly on their website and provide the information of the local representative to the Information Technologies and Communication Authority (“Authority”). The explicit role of this representative is to ensure the execution of notifications, notices, or requests sent by the Authority, the Access Providers Association, and judicial or administrative authorities, as well as to guarantee the Game Distributor’s compliance with all other obligations under the Law.
D. Parental Controls: Game Distributors must provide clear, comprehensible, and user-friendly parental control mechanisms. These must allow parents to:
-
- Control account settings.
- Mandate parental consent/approval for all fee-based transactions (e.g., in-game purchases, rentals, and paid memberships).
E. Institutional Oversight & Audits: The Authority is empowered to demand comprehensive details from Game Providers and Game Distributors regarding their compliance with the Law. This broad audit power covers not only technical aspects like corporate structures, IT systems, algorithms, and data processing mechanisms, but significantly extends to scrutinizing the companies’ commercial practices (e.g., monetization models, in-game purchase strategies). Companies must provide the requested information and documents immediately, within a timeframe determined by the Authority not exceeding 15 days.
F. Sanctions for General Non-Compliance: If a Game Distributor fails to fulfil the obligations set out in this article or the forthcoming secondary regulations, the Authority will initiate a strict, step-by-step escalation process.
The Escalation Ladder:
- Initial Notification: The Authority formally notifies the non-compliant Game Distributor to fulfil its obligations.
- First Administrative Fine (1M – 10M TRY): If the obligation is not met within 30 days of the initial notification, the Authority may impose an administrative fine ranging from 1 million to 10 million TRY.
- Second Administrative Fine (10M – 30M TRY): If the obligation remains unfulfilled for another 30 days after the first fine is formally served, a second, heavier administrative fine ranging from 10 million to 30 million TRY may be issued. (Note: Fine amounts are determined based on the violation’s nature, severity, impact on users, and resulting harm).
- 50% Bandwidth Throttling: If the non-compliance persists for another 30 days following the notification of the second fine, the Authority may apply to a magistrate judge to throttle the Game Distributor’s internet bandwidth by 50%.
- Up to 90% Bandwidth Throttling: If the obligation is still not met within 30 days after the 50% throttling decision is implemented, the Authority may apply to the judge to increase the bandwidth throttling up to 90%. (The judge has the discretion to set a lower rate based on the nature of the service, but it cannot be less than 50%).
Execution, Appeals, and Resolution:
- Rapid Execution: Access providers (ISPs) are legally mandated to execute the judge’s bandwidth throttling orders strictly within 4 hours of receiving the notification from the Authority.
- Appeals: The Authority’s applications and the resulting court decisions can be appealed under the provisions of the Criminal Procedure Code (Law No. 5271).
- The “Compliance Discount” (Resolution): The law offers a strong incentive for eventual compliance. If the Game Distributor finally fulfils its obligations at any point during this process:
- The judge’s bandwidth throttling decisions automatically become null and void, and normal internet traffic is restored.
- Only one-fourth (25%) of the issued administrative fines will be collected.
G. Risk Assessment and Authority Intervention: Foreign Game Distributors with more than 100.000 daily access from Türkiye must evaluate their service’s impact on Fundamental constitutional rights, Protection of family and children, public order and public health and susceptibility to the spread of illegal content. Further, these assessments must be officially reported to the Authority.
The Authority will review the submitted risk assessments and may consult relevant public institutions. If the Authority identifies risks, it can request further explanations from the Game Distributor, which must be submitted within 15 days.
Based on its evaluation, the Authority can officially notify the Game Distributor to take necessary risk-mitigation measures. This explicitly includes the power to order the partial or complete suspension of the service (the game) or force a modification in how the service is provided.
If a Game Distributor fails to comply with the Authority’s notified measures, a severe, multi-step escalation process is triggered:
Step 1 – Administrative Fines: If the notified obligations are not fulfilled within 15 days of the Authority’s notification, an administrative fine ranging from 1 million to 30 million TRY may be imposed. The exact amount will depend on the violation’s severity, user impact, and resulting damages.
Step 2 – 50% Bandwidth Throttling: If the required measures are still not taken within 30 days after the fine is formally served, the Authority can apply to a magistrate judge to throttle the Game Distributor’s internet traffic bandwidth by 50%.
Step 3 – Up to 90% Bandwidth Throttling: If compliance is still not achieved within 30 days of the implementation of the first court order, the BTK can apply to increase the bandwidth throttling up to 90% (though the judge has the discretion to set a lower rate, provided it is not below 50%).
H. Anticipated Secondary Legislation
Secondary Legislation (Bylaws): It is important to note that the Proposal establishes the primary legal framework. Many operational details not explicitly outlined in this text—such as the precise technical standards for age-rating systems, the specific format and methodology for conducting risk assessments, and the exact procedures for Authority audits—will be determined and clarified by secondary regulations to be drafted and published by the Authority at a later stage.