Non-prosecution decision regarding Galatasaray for 'encouraging illegal betting' overturned

The decision issued by the Istanbul Criminal Court of Peace stated that the non-prosecution decision dated October 11, 2024, was appealed by the Spor Toto Organization Presidency.

In the appeal, it was noted that the investigation was incomplete and insufficient, and it was recorded that "meritking.news" advertisements appeared on the digital LED boards at Ramspark and on the jerseys of Galatasaray players during the Galatasaray-Çaykur Rizespor match played on September 14, 2024.

It was recalled that Galatasaray made a statement on its official website on September 15, 2024, stating: "A sponsorship agreement has been signed between Galatasaray Sportif A.Ş., Galatasaray Sports Club, and Serwin Global Solutions SDN BHD, covering the 2024-2025 and 2025-2026 seasons, for a fee of 14 million 60 thousand dollars plus VAT, covering advertising and promotional rights on the back of our football team's jerseys and in our various branches, specifically for the promotion of the 'meritking.news' brand, which is a global digital sports news platform. Respectfully announced to the public."

"MERITKING SITE MUST BE INVESTIGATED"

The decision text, which stated that a request for access blocking was made to the Information and Communication Technologies Authority (BTK) regarding the internet address mentioned in the statement, noted that according to the "Personal nature of criminal liability" article in the Turkish Penal Code, the natural persons within the legal entity and their responsibilities must be determined.

The decision emphasized that it must be determined whether a contract was signed with the officials of Serwin Global Solutions SDN BHD, and that the identities of the company officials who had knowledge of the incident must be identified and their statements taken.

Stating that issues such as whether the site named "Meritking.news" is foreign-based and who its administrator is must be investigated, the decision noted that when examining the notarized documents regarding the link redirection from the website in question, which was shared by Net Holding, to an illegal betting site, it must be determined whether there is a contract between them regarding the act of mediating for advertising, and if so, copies should be requested.

"INCOMPLETE INVESTIGATION CONDUCTED"

The decision stated that the administrator of the site in question, the relevant parties who contributed to the formation of the site, the decisions taken by the company, the executive bodies of the company, and the person or persons who made the decision must be identified, and their defenses and statements must be taken.

Noting that it must be determined whether the site in question is foreign-based, the administrator of the site must be identified, and if necessary, its digital materials must be seized and examined, the decision included the following statements:

"Since it is necessary to conduct a technical expert examination on the materials in question, to conduct research to determine whether a money-making activity took place using the site in question, to determine whether there is any income obtained with the site in question, and if so, to identify the persons who mediated the transfer of this money and take their statements in the capacity of 'suspect', it has been decided to expand the investigation as it was determined that an incomplete and insufficient investigation was conducted, and it was necessary to establish the following ruling."

The decision emphasized that it was decided to expand the investigation and return the file to the Istanbul Chief Public Prosecutor's Office for the necessary actions.

BEGINNING OF THE INVESTIGATION AND NON-PROSECUTION DECISION

In the decision of non-prosecution issued by the Istanbul Chief Public Prosecutor's Office on October 11, 2024, it was stated that the investigation was initiated upon the application of the Spor Toto Organization Presidency on September 14, 2024, claiming that the site named "meritking.news" was a news site belonging to the illegal betting site named "meritking" and that the sponsorship agreement in question constituted a crime.

In the decision, which touched upon the summary of the statements taken and the defense petitions submitted to the file, it was noted that Galatasaray stated that it started sponsorship negotiations with the thought that the site named "meritking.news" was a news site, that it asked for the opinion of the Turkish Football Federation (TFF) regarding the use of the site's name, and that the contract was signed after the TFF gave an "Appropriate" response on September 13, 2024.

It was stated that after Net Holding A.Ş. issued a warning to Galatasaray Sports Club on September 16, 2024, stating that the "merit" brand was registered on behalf of the company, that the agreement made led to trademark infringement, that the "meritking" site was an illegal betting site, and that legal proceedings were ongoing against this site, the sponsorship agreement was suspended on September 17, 2024, and that the site advertisements were not used in the match on the same day.

The decision noted that it was stated that the contract was terminated on September 30, 2024, and that it was decided that there was no room for prosecution.

News Source: 12punto