The internet age has undergone a significant transformation with the advent of social media. The internet is now our main source of information, the place where we learn about agendas and the medium through which we follow the news. This shift brings both advantages and challenges. On the positive side, information is more accessible and delivered with unprecedented speed. However, significant issues persist, including information disorder, the capacity to mobilize society and concerns over data security. Another critical area of concern is the role of “commercial income” in shaping online content and user experience.
With the advent of the internet, the marketplace has been fully digitized. Virtually any type of content can be transformed into a product. You can purchase a sweater or shoes online, enroll in a course and learn new skills from the comfort of your home, buy an e-book, or subscribe to a platform to enjoy ad-free music. The digital marketplace is vast and powerful, with the ability to subtly and strategically influence consumers' choices.
The most significant power in this field lies with search engines. Naturally, the first name that comes to mind is Google. However, it’s important to remember that YouTube is the most popular platform for searching topics, news is often followed through X, and reconnecting with old friends frequently occurs through Facebook. Among these, Google stands apart, increasingly becoming a monopoly. In many countries, competition authorities have imposed penalties on Google. The claim that Google is a monopoly is not ours alone; there are ongoing lawsuits in the U.S. addressing this issue. A recent news article summarized the situation as follows: Google allegedly violated the rules aimed at preventing the creation of a monopoly in online advertising technology. The decision could lead to fundamental changes in the tech giant's billion-dollar structure."
In particular, we observe that interventions related to advertisements, search management and comments on platforms operated by companies such as X, Meta and Google can be carried out algorithmically. Recently, the Turkish Competition Authority fined Google for failing to comply with its injunction recommendations concerning hotel search queries. In its decision, the Board found that Google had down-ranked the data from Turkish hotel rate query applications. It concluded that this practice was anti-competitive, noting that those with agreements with Google were prioritized while others were pushed to the bottom, thereby distorting competition.
In many countries, Google pays online media outlets and similar content producers. However, this is not about paying royalties for general news. As you know, news is something that everyone can access and reproduce. There should be a separate regulation for personalized content, such as exclusive news, columns and interviews. This is especially necessary for Türkiye, but that is another debate. The biggest problem now is that Google does not pay a fee for the content it extracts from websites.
Once the news is reported, the local news site uploads it to its own platform. Google recognizes this as "original content" and indexes it in its search results. As a user, you search for this or related topics. When you find the content, you visit the site. Everything may seem normal so far, but there is a problem. When you search for a term on Google, you are also exposed to promotions, hotel or similar advertisements if you’re looking for a location and other revenue-generating elements. Google earns money by displaying these ads and by directing traffic to contracted sites that are most relevant to your search. However, it does not pay any fee for the news content that prompted you to use Google in the first place or content produced by the original creators. Do you think this is fair?
France has been fighting for years to protect the publishing rights and revenues of the press and news agencies against the dominance of powerful tech companies that share news content or display news stories in web searches. Google and other online platforms reportedly generate billions of dollars from news, but do not share this revenue with the original content producers. Most recently, following complaints by Agence France-Presse (AFP), Google was fined 500 million euros for failing to negotiate effectively on this issue.
Google has signed agreements with 120 publishers, including the Financial Times and Reuters, under which it will pay licensing fees for news coverage from these outlets. Furthermore, Google announced plans to make regular payments to more than 300 broadcasters across six European countries, including Germany, Hungary, the Netherlands and Ireland, in accordance with a European Union regulation that requires news organizations to share in advertising revenues.
In recent days, there has been renewed discussion about a digital copyright law. This issue has been on the agenda before: the draft law was completed in the commission, but was never enacted. The current deadline under consideration is October. While formal legal regulation would be beneficial, the general principles of commercial and competition law, along with international examples, make it possible to address this issue through lawsuits or complaints.
As for Türkiye, a recent complaint was filed with the Competition Authority (RK). The Turkish Internet Media Association alleged that Google is abusing its dominant market position by scanning news content without paying any fees and refusing to reach agreements with these sites. The matter is currently under investigation. If it is determined to be a violation of competition law, a record fine could be imposed in Türkiye, similar to the penalties seen in France.
Sites that receive a high number of clicks and attract readers redirected from Google can apply to Google to request a fee. If this request is denied or ignored within a reasonable time, they may file a lawsuit. The application to Google can be made by email or through traditional methods, such as postal mail. If the applicant is rejected or receives no response within a reasonable period, legal proceedings can begin. Google will be bound by the court’s decision on this matter, as it has a representative office in Türkiye. While it may be possible to secure a share of revenue from Google through individual remedies, pursuing legal action is essential.
