Playing and placing bets online is a crime according to Law No. 7258. Another crime under this law is to advertise betting. Betting advertisement penalty is determined as both administrative fine and imprisonment. Advertising, making, advertising illegal betting, and helping to publish these advertisements are considered within the scope of this crime. It is a crime to be involved in the actions carried out for illegal betting sites and the regulations made for games of chance are punished according to the articles in the Law No. 7258.
It is a crime to bet and place bets using illegal sites in Turkey. Likewise, advertising bets is considered a crime within the scope of Law No. 7258. The penalty for advertising a bet is between 1-3 years in prison in accordance with Article 5/c of Law No. 7258.
Prison is not the only penalty for advertising a bet. Apart from imprisonment, there is an administrative fine of up to 3000 TL for making these advertisements. In addition to advertising betting, it is also a crime to play and assist in the publication of illegal betting advertising.
Advertisement of illegal, unauthorized betting sites, encouraging betting on these sites and playing in these advertisements are within the scope of the Law No. 7258.
The penalty for this offense is the same as advertising illegal betting. In other words, the penalty for playing in an illegal betting advertisement is both a fine of 3000 TL and a prison sentence of 1-3 years. All transactions you perform against betting sites that serve illegally and without permission are criminal. Betting advertisement penalty is given in accordance with Article 5/c of Law No. 7258. Pursuant to this article.
- Playing in illegal betting ad
- Illegal betting advertisement
- Assisting in the preparation of illegal betting advertisement
- Publisher of illegal betting advertisements
- Individuals shall pay the penalties listed above.
It is possible to block access to sites advertising illegal betting. In accordance with Law No. 7258 and Law No. 5651, sites containing advertisements of illegal betting sites may be closed.
The blocking of access to advertising sites does not consider the type of crime committed while it is being done. For all betting crimes, access to the sites is blocked without discrimination. As a result of the betting advertising penalty, these sites are closed, and the site owners are penalized.
Illegal betting crimes have increased considerably in recent years. This is why the bank accounts of people who bet illegally are blocked. This blocking is performed by MASAK. According to the law numbered 7258, it is a crime to bet on illegal betting sites, to advertise these sites and to be a means of transferring money. Penalties for these crimes are also included in the articles of the same law.
MASAK: Financial crimes investigation board. In line with the decisions made by this board, the bank accounts of those who are found to have invested in illegal betting sites are blocked.
Illegal betting advertisement penalty
Illegal betting advertising penalty is subject to the process within the scope of the blocking of betting areas that are carried out on the internet, the removal of advertisements and fines.
Advertising a betting site
Advertising a betting site will be a criminal offense in the legal field, with a court decision, and in case of repetition of the offense, it will correspond to a prison sentence.
Illegal betting
In Turkey, a judicial fine and a prison sentence of up to 2 years are demanded for illegal betting. The penalty will increase in case of repeated betting offense.
Law No. 5651, Art. 8 states the execution of content with decisions to remove and block access.
- Regarding the publications made on the Internet and the content of which has sufficient grounds for suspicion that it constitutes the following crimes, it is decided to remove the content and/or block the access:
- In the Turkish Penal Code No. 5237 dated 26/9/2004.
- Suicide (article 84),
- Child sexual abuse (article 103, first paragraph),
- Facilitating the use of drugs or stimulants (article 190),
- Supply of substances hazardous to health (article 194),
- Obscenity (article 226),
- Prostitution (article 227),
- The offenses of providing a place and opportunity for gambling (article 228).
- Offenses included in the Law on Crimes Committed Against Atatürk, dated 25/7/1951 and numbered 5816.
- Offenses included in the Law on Arranging Betting and Games of Chance in Football and Other Sports Competitions, dated 29/4/1959 and numbered 7258.
- Offenses included in the first and second paragraphs of Article 27 of the State Intelligence Services and National Intelligence Organization Law No. 2937 dated 1/11/1983.
- In the Turkish Penal Code No. 5237 dated 26/9/2004.
- The decision to remove the content and/or block access is made by the judge during the investigation phase and by the court during the prosecution phase. During the investigation phase, the Public Prosecutor may also decide to remove the content and/or block the access, in cases where delay is inconvenient. In this case, the public prosecutor submits his decision to the judge for approval within twenty-four hours, and the judge gives his decision within twenty-four hours at the latest. If the decision is not approved within this period, the measure is immediately lifted by the Public Prosecutor. (Additional sentence: 6/2/2014-6518/art. 92) The decision to block access can also be given for a limited period if it is deemed to be capable of achieving the purpose. The decision regarding the removal and/or blocking of access to the content given as a protection measure can be appealed in accordance with the provisions of the Criminal Procedure Law No. 5271 dated 4/12/2004.
- A copy of the decision to remove content and/or block access given by a judge, court or public prosecutor shall be sent to the Institution for necessary action.
- The decision to remove the content and/or block access regarding the publications whose content constitutes the offenses specified in the first paragraph is made by the President ex officio. (Amended sentence: 29/7/2020-7253/4 art.) This decision is notified to the relevant content and hosting providers and the access provider, and the necessary fulfillment is requested.
- The requirement of the decision to remove the content and/or block access shall be fulfilled immediately and at the latest within four hours from the notification of the decision.
- In case the identities of the broadcasters who constitute the subject of the decision to remove the content and/or block access given by the President are determined, a criminal complaint is filed by the President to the Office of the Chief Public Prosecutor.
- If a decision is made not to prosecute because of the investigation, the decision to remove the content and/or block access shall automatically become null and void. In this case, the Public Prosecutor sends a copy of the decision not to prosecute to the Institution by specifying the internet address subject to the decision to remove the invalid content and/or to block access.
- If a decision of acquittal is made during the prosecution phase, the decision to remove the content and/or block access will automatically become null and void. In this case, a copy of the acquittal decision is sent to the Institution by stating the internet address subject to the decision to remove the invalid content and/or to block access by the court.
- In case the content constituting the crimes listed in the first paragraph is removed from the broadcast; The decision to block access is lifted by the public prosecutor during the investigation phase and by the court during the prosecution phase.
- Those responsible for content, location or access providers who do not fulfill the requirements of the decision to remove the content and/or block access given as a protection measure, are punished with a judicial fine from five hundred days to three thousand days, unless the act does not constitute another crime requiring a heavier penalty.
- If the decision to remove the content and/or block access given as an administrative measure is not fulfilled, an administrative fine from ten thousand New Turkish Liras to one hundred thousand New Turkish Liras is imposed by the President on the relevant content, location, and access provider. If the decision is not fulfilled by the access provider within twenty-four hours from the moment the administrative fine is imposed, the Authority may decide to cancel the authorization.
- Against the decisions regarding administrative fines given by the Institution due to misdemeanors defined in this Law, legal remedies may be applied in accordance with the provisions of the Administrative Procedure Law No. 2577 dated 6/1/1982.
- Judges and court decisions sent to the Institute for the execution of the proceedings may be appealed by the Institute in accordance with the provisions of the Criminal Procedure Law No. 5271 dated 4/12/2004.
- Institution defined in subparagraph (ç) of the first paragraph of Article 3 of the Law on Regulation of Taxes, Funds and Shares Received from Games of Chance Revenues dated 14/3/2007 and numbered 5602 and organizations, if they determine that the crimes falling under their mandate are committed on the internet, may decide to block access to these publications. Decisions on blocking access are sent to the Institution for implementation.
- High Council of Judges and Prosecutors in places where there is more than one criminal court of peace, with the decision of the judge given at the investigation stage according to this article and the decision of the judge given according to article 9 and article 9/A issued by the criminal courts of peace designated by the
- Decisions on blocking access given within the scope of the second, fourth and fourteenth paragraphs of this article, regarding the publication, section, section (in the form of URL, etc.) given by the blocking method. However, in cases where it is not technically possible to block access to the infringing content or the violation cannot be prevented by blocking access to the relevant content, a decision to block access to the entire website may be made.
As a result, advertising about betting and gambling sites on social media is prohibited in terms of the Turkish legal system.