Law No. 6502 on the Protection of Consumer ("Law") is the main legislation protecting the "consumer" which is defined as "the person who acts for non-commercial and non-professional purposes" in Turkish Law. The same Law also includes regulations on commercial advertisements or unfair commercial practices directed to consumers.

Based on the regulations of the Law, “Regulation on the Commercial Advertisement and Unfair Commercial Practices” has been put into effect in order to determine the principles to be followed by advertisers, advertising agencies, media organizations, and all persons, institutions, and organizations and those engaged in advertising, and to determine the principles of examination to be made within the framework of these principles and to protect consumers against unfair commercial practices. As a result of the latest amendment, the "Guideline on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers" ("Guideline") was put into effect on May 4, 2021, by the "Board of Advertisement" which is assigned for audit.

“Board of Advertisement” has the authority to;

  • Determine the principles to be followed in commercial advertisements
  • Make arrangements to protect the consumer against unfair commercial practices
  • Impose sanctions (stopping, correction with the same method, administrative fine, precautionary suspension up to 3 months) by auditing

“Commercial Advertisements” described as

the “publications”, having the characteristics of marketing communication, realized;

  • “Within the scope of trade, business, craft and profession”
  • “In order to sell or rent goods and services, to inform or persuade the target market”
  • “By Advertisers”
  • “In any media”
  • “In written, visual, auditory and similar ways”

Advertisements must be in accordance with the principles of Board of Advertisement, in accordance with general morality and public order, fair and square.

A “commercial practice” is considered to be “unfair” if “it does not comply with the requirements of professional care and significantly disrupts or is likely to disrupt the economic behavior of the average consumer or the average member of the group to which it is directed to goods and services”. Unfair commercial practices against consumers are prohibited.

The purpose of this article is to guide "advertisers", "advertising agencies", "media organizations" and "all persons, institutions, and organizations related to advertising" about "commercial advertisements and commercial applications made by social media influencers". Guideline covers all types of commercial advertisements and commercial applications made by social media influencers directed to consumers.

“Social media influencer” is the person who;

  • “Makes marketing communication”
  • “For the purpose of informing or persuading the target market”
  • “For ensuring the selling or renting”
  • “Goods or services belong to “him/her” or “advertiser” “
  • “Via social media account”

In the posts provided by the social media influencer from the advertisers, where "financial gain" and/or "benefits such as free or discounted goods or services", it is obligatory for "this situation" to be clearly stated with at least one of the expressions (tags and explanations) stated in in various articles of the Guideline regarding the platform where the commercial advertisement relationship takes place.

  • Advertisements made on video sharing medias such as Youtube, Instagram TV (Article 7 of Guideline)
  • Advertisements on photo and message sharing medias such as Instagram, Facebook, Twitter (Article 8 of Guideline)
  • Advertisements via podcast (Article 9 of Guideline)
  • Advertisements where the content is briefly viewable such as Snapchat and Instagram stories. (Article 10 of Guideline)

Tags and explanations must be;

  • Distinguishable from the colors and background used in the post and should be in an easily readable font size.
  • Specified in such a way and position that it can be understood that post in question is commercial advertising, without the need for consumers to do anything else when they see the post.
  • Indicated visibly in case other tags or explanations are included in the post, these tags or explanations
  • Presented in a way that can be noticed by consumers at first sight and the interface and technical characteristics of the media where the post is must be considered.

Social media influencer;

  • Cannot share for commercial advertisement purposes regarding a good or service that he/she has not yet experienced, in a way that will approve that good or service before consumers or create the perception that he/she has experienced it.
  • Cannot make a health-related statement regarding a good or service in violation of the relevant legislation.
  • Cannot make claims about scientific research and test results related to a good or service that is not objective, not measurable, not based on numeric data and cannot be proven.
  • Cannot direct or promote the goods or services offered by doctors, dentists, veterinarians, pharmacists and health institutions.
  • Cannot give an impression that he/she has purchased a good or service which actually has been gifted to him/her by the advertiser.
  • Cannot give an impression that he/she is a consumer as long as he/she provides financial gain and/or benefits such as free or discounted goods or services from any advertiser as a result of commercial advertisement of a good or service.
  • Must clearly state that the image is filtered if it uses effects or filtering applications in the commercial advertisement of goods.
  • Cannot systematically create and/or use fake or non-existent identities to communicate about a good and/or service via social media.

The responsibility of the advertisers within the scope of commercial advertisements and practices of social media influencers is to:

  • Inform influencers about Guideline's provisions,
  • Require social media influencers to comply with applicable laws and regulations, including the Law, Regulation and Guideline,
  • Point out that where social media influencers are permitted to use third parties by the advertiser, third parties of social media influencers must also comply with the aforementioned obligations,
  • Strive for social media influencers to fulfill their obligations and to take action against violations.

Advertisers, advertising agencies, and social media influencers, as a media organization, are individually responsible for compliance with this Guideline. Correction or compensation of an advertisement or commercial practice,that does not comply with the Law, the Regulation, and the Guideline, will not extinguish responsibility for the violation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.