TV rights in Turkey.

• Author: Tolunay, Ozgerhan

1. Introduction

   1.1. Sports policy and football in Turkey: a general outlook

   1.1.1 Article 59 of the Turkish Constitution enacted in 1982 states that (free translation) 'The state shall take measures to develop the physical and mental health of Turkish citizens of all ages and encourage the spread of sports among the masses. The state shall protect successful athletes.' Although there is a constitutional article on sports explicitly stating the importance of sports, it is a reality that sports have not yet achieved the desired level in Turkey. On the other hand, Turkey is one of the few countries in the world which shows the State's responsibility for sport. In Turkey, sport is encouraged and supported by the State and sports clubs are given financial aid for this purpose. However, the main aim of the state is to increase the number of athletes and achieve superior success in international sports competitions. Until recently, large sports facilities and investments in Turkey were largely realised by the state. Following a considerable increase in the number of sports facilities of sports clubs and private organisations, however, sponsorship and sports marketing became popular in accordance with the industrialised sports agenda. The highest sport organisation of the State in Turkey is the General Directorate of Youth and Sport (GSGM) annexed to the Prime Ministry, which was established in 1938. Referees, provincial representatives, coaches and observers with the appointed personnel undertake voluntary duties in the organisation. Within the structure of the General Directorate, there are currently 37 separate federations, including the Turkish Football Federation (TFF) which became autonomous in 1992. This is the governing body of football in Turkey. The federation joined FIFA in 1923 and UEFA in 1962. The most important goal of the General Directorate of Youth and Sports is to ensure that citizens of all ages engage in sports for the development of their physical and mental health, support disabled citizens and encourage the state to become involved in sports. Despite all these written aims, the general image presented by the printed and audio-visual media is that the biggest and most important sport activity is football. Football has been the greatest source of entertainment for large masses.

   1.1.2 The number of active sportsmen and women does not correspond with the encouraging context in the Constitution. According to the data provided by GSGM, there are two hundred thousand active sportsmen and women. There are two numerical statistical results on this issue in Turkey: the number of active sportsmen and the number of the licensed sportsmen. The data that shows the current situation is the real number of active sportsmen. Nevertheless, the data related to licensed sportsmen does not reflect reality as anyone can easily acquire a licence in Turkey. This fact can also be seen in the official data of the General Directorate of Youth and Sport. According to this data, the total number of active sportsmen is about 220,000, whereas the number of licensed sportsmen is registered as 2 million. The rise in the number of licensed sportsmen is notable especially within the last two to three years. The number of licensed sportsmen was below 1 million only two to three years ago. Sports services and activities in Turkey are carried out under the framework of Law No. 3289 dated 21 May 1986 by the General Directorate of Youth and Sport. The General Directorate of Youth and Sport, which is annexed to the Prime Ministry, is the main organisation responsible for Turkish sports. In the provinces, the General Directorate of Youth and Sport is organised at provincial directorate level as Provincial Directorate of Youth and Sport under the chairmanship of the Governors. In the Provincial Directorates, there are 'Province Directors' appointed by the Central Management and also Directors of Youth Services, Sport, Administrative and Financial Affairs and Facilities and Operating Departments under the Province Director.

   1.1.3 Sports federations in Turkey are established and organised in accordance with law No. 3289 on the duties and organisation of the General Directorate of Youth and Sport. They are the most authorised official organisations in their branches. There are 57 sports federations in Turkey, all of which are autonomous. However, only the Football Federation has its own Court of Arbitration despite the autonomous structures of these federations. (1) These federations are affiliated to the Court of Arbitration of the General Directorate of Youth and Sport. Nevertheless, one wonders to what extent all sports federations, except the Football Federation, are autonomous.

   1.1.4 The Turkish Football Federation obtained its autonomy by virtue of law no. 3461 enacted in 1988. Law no. 3461 became invalid and inoperative upon the enactment of Law No. 3183 which came into effect on 17 June 1992. The duties and organisation of the Turkish Football Association were reorganised under Law No. 3183. The Turkish Football Association consists of three organisations pursuant to Law No. 3183: 'Central Management', 'Domestic Management' and 'International Management'. Central Management consists of ten departments: 1) General Assembly (Congress), 2) Presidency, 3) Board of Directors, 4) Auditing Committee, 5) Court of Arbitration, 6) Central Referees Committee, 7) Disciplinary Committees, 8) Mediation Committee, 9) Subsidiary Committees, 10) Administrative Departments. The duties and tasks of these committees are described in Law No. 3183.

   1.2. A brief history of Turkish football

   1.2.1 Turkish football has an interesting history. As the Ottoman Empire did not allow organised football, it was first introduced to Turks living in the Ottoman city Selanik (now Thessaloniki) by some Englishmen in 1875. It is also known that the game was played in the meadows of Bornova, Ismir, in 1877. Some Englishmen brought football to Istanbul with them when they left Ismir in 1895. The first Turkish team played football in 1901 with an English name 'Black Stockings'. However the police interrupted the team's first game when they lost 5-1 and arrested any players they could catch. After the foundation of the Turkish Republic, football became a major sport. The first Turkish national team match was played on 26 October 1923, ending in a 2-2 draw with the Romanian National Football Team. The first professional Football League began in Istanbul in 1959. Only four clubs - Kadykoy FC, Moda FC, Elpis and Imagine FC - participated in this League. Until the early 1980s, football clubs were mainly social rather than commercial institutions. They were privately owned by the local community, sometimes aimed at a sense of superiority or just a hobby. Two factors have driven a transformation in the structure and operation of the clubs.

   1.2.2 The opening up of this previously closed sector to market forces and the effective governmental regulatory intervention. The influence of the market has been critically felt through the ascension of televised football (and professional sport generally) to the role of key software in the battle for viewers in the burgeoning multi-channel TV and related media industry. This has dramatically increased the financial value of football clubs. Rich football clubs have been the targets of wealthy businessmen as centres of power and fame. As their missions and statues were not very precisely defined or followed strictly, it has always been thought that once one became president of a sports club, one could influence economic and political centres. By 2004, there were 4,956 football clubs; 4,775 professional and 136,823 amateur players. 796 male and 20 female referees were licensed by the TFF.

   1.3 A brief history of the Turkish sports media

   1.3.1 In the early 1990s, the first privately owned television station started broadcasting to Turkey via satellite from the Federal Republic of Germany. Private entrepreneurs started investing in the electronic media sector and began turning into media conglomerates. On 8 August 1993, Parliament amended the Constitution, lifting the State monopoly on radio and television broadcasting. Today, eight cross-media groups dominate Turkey's media arena. Of these the 'Big Four' - Dogan, Merkez, Cukurova and Star - control approximately 80 percent of the market, with Dogan and Merkez the strongest players. Television in Turkey has become a big industry over the past decade. The commercial broadcasting scene in Turkey is overcrowded and there are more channels than the relatively small advertising expenditure can sustain. The strict legal provisions on ownership have proved to be inefficient. The interplay of politics, the economy and the media have led to the use of broadcasting as political or economic muscle. (2) The broadcasting of football matches is a political and economic issue of the media as well as sport.

   1.3.2 Through entertainment programmes, television attracts wide audiences and generates many new revenue flows from direct advertisers and advertising agencies. Sports programmes are important revenue increasing devices for the commercial channels. Therefore, this globalisation of sports through the increased coverage of sporting events (particularly football) and the subsequent rise in viewing figures achieved by the sports industry, thus creating new and ever growing revenue flows, is key to the growth of a new and exciting business culture. Thus, the popularisation and prevalence of sports (primarily football) and its becoming an important industrial sector is no coincidence. Television attracts well-known brands such as Adidas, Canon, Gillette, Snickers, Coca-Cola, McDonalds and Ford which invest millions of dollars in sponsoring well-known, leading sports teams. This kind of commercialisation of sport affects the content of sports (mainly football). Instead of serious sports events and...