As of January 2024, there are 57.50 million social media users in Turkey1, and digital platforms hold the largest share of advertising investments at approximately 71.2% for the year 20242. Within these digital investments, social media influencers account for 5%, underscoring their significant role in shaping consumer behavior. Given the influence of social media influencers on consumption patterns, the importance of adhering to legal regulations concerning advertisements made by influencers on social media becomes evident. To this end, various legal frameworks have been established, including the Consumer Protection Law, the Regulation on Commercial Advertisements and Unfair Commercial Practices, and the Guideline on Commercial Advertisements and Unfair Commercial Practices by Social Media Influencers ("Guideline"), which set forth rules governing advertisements by social media influencers.
The Advertisement Board, established within the body of the Ministry of Trade, closely monitors advertisements made by social media influencers. According to the Ministry of Trade's Research Report on Advertising and Unfair Commercial Practices in Digital Platforms3, 79% of the cases reviewed and resolved by the Board in 2023 involved advertisements and practices published on digital platforms. Data from various sources4 indicate that, in the first eight months of 2023, the Advertisement Board imposed administrative fines amounting to 89,059,840 TL for advertisements and similar content shared online. Some of these penalties were directly issued to social media influencers, while in other cases, penalties were also imposed on advertisers or the platforms hosting the content, alongside the influencers. These administrative sanctions often arise from issues such as:
- Social media influencers promoting products or services through hidden advertising without explicitly informing consumers that the content is an advertisement.
- Failure to use or properly display mandatory tags such as #ad, #collaboration, or #sponsorship, as outlined in the Guideline.
- Publishing content that violates the general provisions of advertising law.
To enhance compliance by social media influencers with their legal obligations and the regulations stipulated in the legislation, the Ministry of Trade, the Ministry of Treasury Finance and the Advertising Self-Regulatory Board, have in collaboratively initiated the Responsible Social Media Influencers Training Program5. The first of these bi-monthly training sessions was held on November 25, 2024, and was open to social media influencers with over 300,000 followers on Instagram6. The session was attended by 71 influencers. The training covered essential topics such as: consumer rights, legal regulations on social media advertising, taxation of social media activities, legal obligations, and Advertising Board decisions. The second of these bi-monthly training sessions is scheduled for January 9, 2025.
Participation in the training is not mandatory, nor is obtaining a participation certificate a legal requirement to become a social media influencer or operate in this field. Attendance is entirely voluntary. The training aims to promote values of legal, ethical, and responsible marketing communication. This training was met with great enthusiasm by social media influencers, and the first session met a high level of participation. Participants shared positive feedback about the training, stating that they gained knowledge on how to make their promotions and advertisements clearer and more understandable as an advertisement, as well as how to effectively communicate these to their followers and viewers. They also noted that many of their uncertainties were resolved, and the Guideline made it easier to comprehend the regulations. The positive evaluations shared by many high-profile social media influencers who attended the training and obtained certification are expected to encourage other influencers to participate. As the training becomes more widespread, it is anticipated to contribute to raising awareness about the importance of being a responsible social media influencer.
In conclusion, understanding and implementing legal regulations, regularly following the decisions of the Advertisement Board, and participating in training programs organized in this field are crucial for social media influencers to prevent negative impacts on both consumers and them. These efforts play a critical role in gradually establishing and solidifying compliance with legal frameworks
Footnotes
1. Data Reportal , Digital 2024: Türkiye (https://datareportal.com/reports/digital-2024-turkey)
2. https://www.rok.org.tr/sorumlu-sosyal-medya-etkileyicileri-egitimi/
3. https://ticaret.gov.tr/haberler/dijital-mecralarda-reklam-ve-haksiz-ticari-uygulamalar-arastirma-raporu-aciklandi
4. https://www.cumhuriyet.com.tr/ekonomi/fenomenlere-8-ayda-89-milyon-liralik-ortulu-reklam-cezasi-2251249
5. https://smeegitimi.com/
6. https://www.rok.org.tr/haberler/sorumlu-sosyal-medya-etkileyicileri-egitim-programinin-ilki-25-kasimda-gerceklesti/
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