New Rules On Artificial Intelligence And Social Media Influencer Advertising In Turkey

I. Introduction

The Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices was published in Official Gazette No. 33297, dated 1 July 2026. It introduces significant amendments to the Regulation on Commercial Advertising and Unfair Commercial Practices (the “Regulation”). All amendments will enter into force on 1 August 2026, and no separate transitional period is provided. Accordingly, the compliance review must cover not only advertisements first published after that date, but also advertisements that remain live and campaigns that continue as of 1 August 2026.

The rules on AI and influencer advertising are particularly significant. They require businesses to examine not only the advertising copy, but also how the content was produced, how its advertising character is disclosed to consumers, and whether an AI-generated digital replica of a real person creates the false impression that the person had personal experience of, had used, or had recommended the advertised good or service. Compliance reviews should therefore extend to content production, agency oversight, data protection, and digital platform processes.

II. Advertisements Using Artificial Intelligence and Digital Replicas

Scope of the Disclosure Duty

New Article 18(8) requires clear, understandable, and distinguishable disclosure where artificial intelligence or other software is used in an advertisement in a manner that materially affects a consumer’s economic behaviour concerning a good or service. The same duty applies to advertisements featuring digital characters created through AI technologies that are indistinguishable from human beings.

The provision should not, however, be read as imposing a general labelling requirement at every AI-assisted stage of production. Whether disclosure is required depends on whether the particular use materially affects consumer economic behaviour or whether the digital character is indistinguishable from a human being. If either condition is met, the disclosure must be presented as part of the advertisement in a manner that consumers can notice and understand.

Use of Digital Replicas in Advertising

Beyond the disclosure obligation, Article 27(12) regulates the use of AI-generated digital replicas of real persons. It prohibits the use of such a replica where the advertisement falsely suggests that the person has personally experienced or used the advertised good or service, or has recommended it. The provision therefore focuses on the message attributed to the person depicted, whereas the disclosure requirement concerns transparency about the use of AI. An AI disclosure does not make the prohibited use permissible. The disclosure requirement remains relevant only where the use is not prohibited under Article 27(12) and the conditions for disclosure under Article 18(8) are met.

Advertisers planning to use a synthetic version of a real person’s image or voice should therefore begin by assessing whether the advertisement attributes personal experience, use, or a recommendation to that person. If the attribution is false, the content falls within the prohibition. If it does not create such an impression, the advertiser should then consider whether an AI disclosure is required and whether the necessary permissions for the use of the person’s image or voice have been obtained. Personality rights, intellectual property rights and data protection law must also be considered separately.

Compliance Controls in Advertising Production and Approval

Reviewing an advertisement created with AI solely by reference to its final image or text may not provide enough information to determine whether the disclosure obligation or the prohibition relating to digital replicas applies. An effective compliance review requires the advertiser to understand how AI was used, which elements were generated synthetically, and whether the content uses a real person’s image, voice or other identifying features. Where an agency or technology provider prepares the content, providing this information to the advertiser during production and approval will help identify uses that require disclosure and content that may fall within the prohibition before publication.

Accordingly, agreements with agencies and other suppliers may include provisions requiring notification of AI use, documentation of permissions for the use of real persons’ images and voices, and verification of factual claims in the advertising message. Although these contractual controls are not expressly required by the Regulation, they provide a practical means of reducing the risk of noncompliance, and retaining information about the scope of AI use, the instructions given, the permissions obtained and the legal review undertaken can nonetheless help demonstrate how the advertisement was assessed and approved in the event of a regulatory review.

III. Advertising Through Social Media Influencers

Posts Treated as Advertising and the Benefit Requirement

Article 23/A, added to the Regulation, introduces binding rules for advertising carried out through social media influencers. Article 4(1)(ş), which was added by the same amendment, defines a social media influencer as a natural or legal person who, directly or indirectly and on their own behalf or for an advertiser, shares content promoting goods or services through social media, engages in marketing communication through that content and derives a benefit from the communication. The definition is therefore not confined to individual content creators and may also cover companies and other legal entities that themselves satisfy these criteria.

A cash payment is not required for a post to qualify as advertising. The advertising character of the content must be disclosed where the influencer directs users to an advertiser or its goods or services; receives financial gain or free or discounted goods or services from the advertiser; shares content concerning a prize draw, competition, or campaign organised to promote the advertiser’s goods or services; or attends an event organised by the advertiser and publishes content in return for a benefit. Benefits such as free products, travel or accommodation, and discount entitlements are also relevant to this assessment.

Required Wording and Presentation

The post must use either the Turkish term “Reklam” (advertisement) or “Tanıtım” (promotion). This term must be accompanied by the advertiser’s name or trade name, or by one of the following statements: “@[reklam veren] tarafından sağlandı.” (“provided by @[advertiser]”), “Ürünleri bana gönderdiği için @[reklam verene] teşekkürler.” (“thanks to @[advertiser] for sending me the products”), or “@[reklam verene] teşekkürler.” (“thanks to @[advertiser]”).

The advertising disclosure must be easily legible and distinguishable from the colours and background used in the post. Consumers must be able to recognise that the content is advertising when they first encounter it, without having to scroll or navigate elsewhere. The disclosure must also appear before, and remain clearly distinguishable from, other labels and statements, and it must not be obscured by text or symbols in the platform interface.

A single notice on a profile or for an entire campaign does not satisfy the disclosure duty. Where content extends across multiple posts, the disclosure must be repeated in each post. If the same advertisement is published in different formats or reposted or reproduced in another format, each publication must contain a separate disclosure. For audio-only content, the statement “[reklam veren] hakkında reklam/tanıtım içerir.” (“contains advertising/promotional content about [advertiser]”) must be used at the beginning of the broadcast and before the advertising content.

Influencer Agreements and Campaign Processes

As a practical compliance measure, agreements between advertisers and social media influencers and the related campaign instructions should go beyond general compliance language. They should specify the wording and position of the mandatory disclosure, the formats in which it must be repeated, who will approve the content before publication, and how non-compliant content will be corrected.

The Regulation does not impose a separate record-retention obligation for influencer advertising. Even so, the advertiser should be able to demonstrate what benefit was provided, what disclosure was agreed, and how the content appeared when published. Retaining the published content, screenshots, and campaign approvals will make it easier to prove compliance with the disclosure duty in the event of a subsequent review.

IV. Other Key Amendments

Targeted Advertising and Profiling of Children

Article 25/A, added to the Regulation, defines targeted advertising as presenting advertising content specifically to a person or group through analysis of consumers’ online behavior, preference histories, location information, demographic data, or similar personal data. Sellers, service providers, and intermediary service providers that facilitate the conclusion of distance contracts on behalf of those sellers or service providers must give consumers direct and easily accessible information about the criteria used to display the advertisement and how those criteria may be changed. Profiling based on personal data may not be used for targeted advertising where the consumer is known to be a child or should reasonably be expected to be one. As the provision does not establish a separate consent regime, the applicable legal basis, transparency duties, and data-subject rights under Law No. 6698 on the Protection of Personal Data must be assessed separately.

Discount Sales and Environmental Claims

For advertisements concerning discounted sales of goods, the reference period is reduced from 30 days to ten days. The lowest price applied during the ten days preceding the start of the discount will serve as the reference price. For perishable goods and services, the price immediately preceding the discounted price will apply. The reference price must also be determined solely by reference to prices in the sales channel in which the discount is offered; a price applied in one channel cannot serve as the basis for a discounted sale in another.

Advertisements for loyalty programmes that consumers can easily access or use, and conditional-sale advertisements linked to the purchase of goods or services of a specified quantity, number, value, or type or to the completion of a specified transaction, will also generally be subject to the discounted-sales rules. The requirements concerning indication of the quantity of goods or services will not, however, apply to conditional-sale advertisements.

Environmental signs, symbols, and approvals may not be used deceptively or misleadingly. Where general expressions such as “environmentally friendly” or “sustainable” are used, the advertisement must explain the part or component of the good or service, or the stage of its lifecycle, to which the claim relates. Information concerning the method used to measure or evaluate the environmental effects must be provided in the advertisement itself or on a website or pop-up to which the consumer is directed through a link or warning sign. Certificates and approvals stated in an advertisement must be substantiated by documents obtained from competent authorities or institutions, relevant university departments, or accredited or independent research, testing, and evaluation organizations. This rule does not require certification for every environmental claim, but where an advertisement refers to a certificate or approval, that certificate or approval must be documented.

Food Supplements and Prohibited Advertising

The absolute prohibition on comparative advertising for food supplements is removed. Comparisons concerning matters that fall within the scope of health claims remain prohibited, while comparisons based on nutrition claims may be made only to the extent permitted by applicable legislation. Food supplements may not be advertised in a manner that creates the impression that they replace foods consumed as part of a normal diet. The amended Regulation also expressly prohibits advertising for human medicinal products, electronic cigarettes, tobacco products, and alcoholic beverages.

V. General Assessment

As per the new rules, prior to 1 August 2026, businesses should prioritize their review of AI and influencer advertising campaigns. They should determine when AI use requires disclosure, what permissions are required for the use of real persons’ images and voices, and who will verify the factual accuracy of the advertising message. For influencer campaigns, the nature of the benefit provided, the required disclosure, its position in each content format, and the pre-publication approval process should be reflected in the agreement and campaign instructions. Responsibilities among legal, marketing, data protection, and content teams should also be allocated clearly enough to prevent inconsistent practices across different media.

The amendments do not introduce a separate schedule of penalties. Under Consumer Protection Law No. 6502, the Advertising Board may order the cessation of an advertisement or its correction by the same method and may impose an administrative fine. Where it considers this necessary, the Board may also suspend the advertisement as an interim measure for up to three months. Depending on the nature of the violation and the medium in which the advertisement is published, the administrative fines applicable in 2026 range from TRY 99,339 to TRY 39,916,524. Access to content published online may also be blocked where the statutory conditions are met. Businesses should therefore put in place, before 1 August 2026, a compliance process that documents the permissions obtained, the checks performed, and the publication decisions made.

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.