An attempt to establish a novel mechanism to tackle illegal Football broadcasting on the Internet: the extensive authority of the Turkish Football Federation at the expense of violating Constitutional law principles

Abstract

Illegal broadcasting of live sports content has been a challenge that remains unresolved. Considering the dynamic nature of such unlawful activities, tackling illegal sports broadcasting in a timely and effective manner is of utmost importance for IP enforcement on the Internet. In addition to its adverse effects on the sports industry, these illicit activities undermine various interests, including viewers’ data integrity and cybersecurity. Therefore, the Turkish legislator has been pressured to utilise novel means to combat illegal broadcasting. Consequently, and in an original fashion, the Turkish Football Federation was directly empowered to render decisions concerning the blocking of websites allegedly engaged in piracy. This progressive legislation, bypassing traditional and ineffective mechanisms, aimed to provide immediate measures against illegal football broadcasting on the Internet. This mechanism received several criticisms from scholars. In line with these criticisms, the provision establishing this mechanism has been annulled by the Turkish Constitutional Court in a judgment rendered in June 2025 and effective as of July 2026. This article begins by examining the inherently unique nature of football broadcasting with particular emphasis on its financial significance. Following this, traditional content removal and access blocking mechanisms foreseen in Turkish law are analysed. Subsequently, first, a critical analysis of this original mechanism and the rationale behind the Turkish Constitutional Court’s judgment is assessed. Informed by comparative law, the final section of the article proposes alternatives and constitutionally compliant mechanisms for the Turkish authorities’ efforts to combat online sports piracy.