Advertising & Marketing 2023 Comparisons

Advertising law in Turkey is primarily regulated under consumer law. While there is no comprehensive law specifically dedicated to this area, the fundamental principles outlined in consumer law, along with separate regulations and guidelines issued for each type of advertisement, constitute the regulatory landscape. Primarily, the advertising legal framework in Turkey comprises the following.

Law on the Protection of the Consumer (TCPL)

The purpose of TCPL is to regulate measures that protect consumers’ health, safety, economic interests and environmental well-being, and to promote consumer awareness, education and voluntary efforts towards self-protection. TCPL encompasses fundamental provisions concerning the content, presentation and impact of advertisements, forming the basis for other regulations related to advertising in Turkey.

Regulation on Commercial Advertising and Unfair Commercial Practices

The fundamental principles concerning advertising are determined by this Regulation.

Regulation on Broadcasting Service Procedures and Principles

The purpose of this Regulation is to determine the procedural and fundamental principles that media service providers are required to adhere to in the provision of broadcasting services including confidential commercial communications, advertising cover, advertising slots, etc.

Board of Advertisement Decisions

The administrative oversight of commercial advertisements is conducted by the Board of Advertisement. The Board of Advertisement, being a legal entity, has its decisions enforced by the Ministry of Trade. Its decisions hold precedential value in the field of advertising law and provide significant guidance.

Radio and Television Supreme Council Decisions

The Council has the authority to enforce sanctions against broadcasting organisations that fail to comply with the licensing conditions set for monitoring and regulating broadcasting services.

Other Regulations

These include the Regulation on Health Claims, Regulation on Nutrition Claims and Cosmetic Regulation, among others.

Ministry of Trade

The Ministry of Trade’s General Directorate of Consumer Protection and Market Surveillance is the primary regulatory body responsible for overseeing advertising practices in Turkey. It has the authority to enforce various regulations related to consumer protection, fair competition and advertising. The Ministry can take action against misleading, deceptive or unfair advertising practices. Remedies available to the Ministry include issuing warnings, fines and requiring corrective actions to be taken by advertisers.

Board of Advertisement

The Board of Advertisement operates under the Ministry of Trade and is specifically tasked with reviewing and evaluating commercial advertisements. It assesses whether advertisements comply with the relevant laws, regulations and ethical standards. The Board has the authority to issue decisions regarding the legality and appropriateness of advertisements and to hold evaluations and inquiries. These decisions serve as guiding principles for the industry and help shape advertising practices.

Consumer Protection Authorities

Various provincial and district consumer protection authorities also play a role in enforcing advertising law. They can receive complaints from consumers, investigate alleged violations and take actions to protect consumers’ rights along with the products or services. Remedies available to consumer protection authorities include issuing warnings, imposing fines and seeking corrective measures from advertisers to rectify misleading or unfair advertising.

Radio and Television Supreme Council

The Radio and Television Supreme Council is responsible for regulating broadcasting content, including advertising, on radio and television. It ensures that advertisements comply with legal and ethical standards and do not include content that may be harmful or offensive to the public. It has the authority to issue warnings, fines or even suspend broadcasts.

Ministry of Health and Other Relevant Ministries

In cases of health-related claims in advertisements, the Ministry of Health may be involved in enforcement. Other relevant ministries, such as the Ministry of Agriculture and Forestry for food-related claims, may also have authority over specific aspects of advertising content. As a matter of fact, the Board of Advertisement also takes into account the regulations of other authors when evaluating. Remedies available to the regulatory authorities include warnings, fines, removal or modification of advertisements and, in severe cases, legal actions. The specific remedies depend on the nature and severity of the violations.

Advertisers

An “advertiser” refers to a natural person or legal entity who commissions, broadcasts, distributes or otherwise displays advertisements containing their company’s or brand’s presence, created to promote, enhance sales or reinforce brand perception of the product or service they manufacture or market. If an advertisement contains false or misleading information, the advertiser would be held liable.

Advertising Agencies

Advertising agencies that create and develop advertisements on behalf of advertisers can also be held liable for deceptive advertising if they are found to have participated in creating or disseminating false or misleading content.

Social Media Influencers

A social media influencer is a person who engages in marketing communication through his/her social media account in order to ensure the sale or rental of a good or service belonging to him/herself or the advertiser, to inform or persuade those who make up the target audience. The obligations of social media influencers are regulated in a specific guideline.

Media Organisations

Media outlets, such as TV stations, radio stations, newspapers and online platforms, that publish or broadcast deceptive advertisements may be held liable for their role in disseminating false or misleading information to the public.

“Advertising” is defined as marketing communications conducted by advertisers through various mediums, such as written, visual, auditory or similar means, with the aim of facilitating the sale or lease of a product or service related to trade, business, craft or profession, informing or persuading the target audience.

In Turkey, certain types of advertisements may require pre-approvals from government or other authorities before being run. Some examples follow.

Medical Devices

According to the Medical Device Sales, Advertising and Promotion Regulation, promotions targeting healthcare professionals and technical personnel working in the field of medical devices within healthcare institutions can be conducted by supporting or organising scientific meetings. In this context, for meetings organised by or contributed to by the medical devices seller, it is mandatory to notify the content and details of the meeting to the Turkish Medicines and Medical Devices Agency at least 15 days prior to each meeting. If the notifications are not responded to within ten business days, they shall be deemed as approved by the Agency.

Healthcare Services

Prior approval from the Ministry of Health is mandatory for promotional and informational activities conducted within the scope of social responsibility projects and campaigns related to healthcare services.

Sweepstakes

In accordance with the Regulation on the General Directorate of National Lottery Administration - Non-Cash Lotteries and Sweepstakes, permission from the National Lottery Administration is required to organise sweepstakes for non-cash prices.

Billboards

Advertisements on billboards require permission from the relevant authority. For example, pursuant to the Istanbul Advertising, Announcement and Promotion Regulation, the Istanbul Metropolitan Municipality Urban Design Directorate is authorised to grant permission for advertising, announcement and promotion applications to be placed on parcels, gardens and garden walls, vacant lots and lands, building façades, public common areas and vehicles facing the main arteries and squares in Istanbul Metropolitan Municipality.

Commercial Vehicle

In accordance with the Regulation on Advertising on Commercial Vehicles, it is mandatory to obtain an authorisation certificate from the relevant municipality in order to place advertisements on commercial vehicles.

Pursuant to the Regulation on Commercial Advertising and Unfair Commercial Practices, it is an unfair commercial practice to use a quality mark, trust mark, environmental sign or similar without obtaining the necessary permissions from the competent authorities. The competent authority is determined according to the concrete case.

Intellectual Property (IP) Rights

Obtaining permission from the IP owner or obtaining a valid licensing agreement is generally necessary to use copyrighted materials, trademarks or other protected intellectual property in advertisements.

Right of Publicity

Using someone’s name, image or likeness for advertising purposes without their consent can be seen as an infringement on their right of publicity under the copyright law.

TCPL

Misleading or false use of an individual’s name, picture, voice or likeness to endorse a product may violate the TCPL.

Privacy Regulations

Privacy regulations in Turkey protect personal data, and using someone’s personal information without their consent, including images or likeness, for commercial purposes could potentially violate these regulations.

Advertising Self-Regulation Board (ASRB)

The Advertising Self-Regulation Board, established by members of the Advertising Association and the Advertisers Association along with advertising channels, is an advisory organisation that requests advertisers to correct or refrain from airing deceptive advertisements, providing a recommendatory service.

ASRB focuses on self-regulatory activities, particularly aimed at identifying violations. The ASRB does not have the authority to impose legal sanctions. Its decisions are advisory in nature and are not legally binding. In practice, companies ensure compliance with the decisions of the ASRB in terms of reputation.

In Turkey, consumers can take legal action to challenge advertising practices through a private right of action as per the Consumer Protection Law No. 6502 and related regulations. The following is a discussion of the causes of action and the remedies available.

Causes of Action

Deceptive Advertising

Consumers can challenge advertising practices that are misleading, false or deceptive. If an advertisement contains inaccurate information, omits important details, or misleads consumers about the nature, quality, price or benefits of a product or service, consumers can take a legal action.

Unfair Commercial Practices

Consumers can also challenge unfair commercial practices that exploit consumers’ lack of knowledge or experience. This includes practices that distort the economic behaviour of consumers, such as using aggressive sales techniques or creating undue influence.

Remedies Available

An application can be made to the Advertising Self-Regulatory Board (ASRB) and the Board of Advertisement by consumers. Subsequently, a lawsuit can be filed before administrative courts against the decision of the Board of Advertisement.

Advertisement Self-Regulatory Board

Consumers can file an application by stating a violation demonstrated with the evidences of the advertisement. Upon the application, the advertiser of the advertisement and the advertising agency, if any, are asked to submit a written opinion within two business days at the latest. If no response is received within this period, the Board shall make an evaluation without the opinion of the other party. If the advertisement is found to be misleading by the Board, the advertiser and the advertising agency are first requested to amend the advertisement or to suspend its publication. If the advertisement is not amended or suspended, the relevant media organisations are ordered to remove the publication.

Board of Advertisement

Consumers can apply to the Board of Advertisement regarding commercial advertisements that are deceptive to consumers or contrary to the relevant legislation. Applications that do not include the name, surname, T.R. identification number and address of the applicant real person and the title and address of the legal entity will not be evaluated by the Board. Applications regarding commercial advertisement shall include determinative issues such as the medium, date and subject of the complaint.

Administrative Court

An action can be taken for refusal to comply with the decision of the Board of Advertisement before the First Instance Administrative Court within thirty days following the notification of the decision. Also, the decision of the First Instance Court can be appealed.

Regulation on Promotion and Information Activities in Health Services

This Regulation, published in July 2023, sets out the procedures, principles and sanctions regarding the promotional activities in healthcare services.

Turkish Food Codex Regulation on Nutrition Claims

This Regulation, published in April 2023, sets out the rules on nutrition claims used in the labelling, presentation or advertising of foods.

Regulation on the Use of Health Claims in Foods and Food Supplements

The Regulation, entered into force on April 2023, has been published for the purpose of determining the procedures and principles regarding the use of health claims in food and food supplements.

Guideline on Advertisements Containing Environmental Claims

In December 2022, the Ministry of Trade published this Guideline for regulating the environmental claims and visuals in commercial advertisements and practices. This Guideline stipulates significant terms for preventing greenwashing.

Disinformation Law

Law No. 7418 on the Amendment of the Press Law and Certain Laws, popularly known as the “Disinformation Law”, entered into force in October 2022. This law introduced various amendments, ranging from the obligation of social networks to open offices in Turkey to the protection of personal rights. Also, “publicly disseminating misleading information” has been stipulated as a crime under the Turkish Penal Code.

Turkish Consumer Protection Law

In March 2022, an amendment was made to the Turkish Consumer Protection Law giving the Board of Advertisement the authority to block access to the breaching content.

Regulation on Commercial Advertising and Unfair Commercial Practices

In February 2022, amendments were made to various provisions for deceptive advertising under the Regulation.

Influencer Case

One of the most prominent influencers in Turkey with a substantial follower base has been imposed a sanction of approximately TRY115,000 by the Board of Advertisement on the grounds of the absence of certain advertising phrases such as “işbirliği” (meaning “collaboration” in English) in their advertising posts on Instagram.

In Turkish law, the most crucial aspect concerning an advertisement is that it should not be misleading to consumers. Additionally, there is a specific sensitivity regarding children. In this context, the advertisement should not contain any statements or visuals that could adversely affect a child’s physical, mental, moral, psychological, and societal development. Also, the authorities have a specific approach to the general public health and moral standards.

In order to prevent the use of environmental sensitivities such as carbon emissions, environmental protection, sustainability, etc as a marketing trend and to comply with the EU, the Guideline on Advertisements Containing Environmental Claims has been published.

In Turkey, the standards for determining whether advertising claims are deceptive or misleading are primarily outlined in Consumer Protection Law No. 6502 and related regulations.

Standards for Deceptive or Misleading Advertising:

Accuracy

Advertising claims must be accurate, truthful and supported by objective evidence.

Material Information

Advertisements must provide all material information about a product or service that consumers need to make informed decisions.

Comparative Advertising

If an advertisement compares a product or service with another, the comparison must be fair, objective and based on verifiable data.

Exaggeration

While advertising often involves using superlatives or exaggerations, such statements should not mislead consumers about the actual characteristics or benefits of a product.

Clarity and Transparency

Advertisements must be clear and transparent, avoiding any ambiguity that could confuse consumers.

Scientific Evidence

Health, safety or scientific claims in advertisements shall be supported by reliable scientific evidence.

Consumer Perception

Advertising claims are evaluated based on how an average consumer would interpret them.

Bait-and-Switch

Advertising a product at a certain price but offering a different, usually more expensive, product when consumers attempt to purchase it is considered a deceptive practice.

All advertising claims are subject to general advertising principles. Also, some advertising claims are regulated directly through the regulations or the guidelines issued by the relevant authorities. For example, environmental claims are issued under the Guideline on Advertisements Containing Environmental Claims published by the Ministry of Trade.

In Turkey, advertising claims must be substantiated with objective evidence to ensure they are accurate and truthful. Here are the general principles:

Scientific Evidence

Claims related to the performance, quality, efficacy, health benefits, safety and scientific attributes of a product or service require scientific and empirical evidences.

Expert Opinions

Expert opinions from qualified professionals in the relevant field shall be required to substantiate certain claims.

Testing and Research

If an advertisement makes specific claims about a product’s attributes, such as its effectiveness or quality, those claims shall be backed by testing, research and verifiable data.

Consumer Surveys

Claims based on consumer preferences, satisfaction or usage patterns might require consumer surveys to be conducted according to recognised methodologies.

Comparative Data

Comparative advertising claims, where a product is compared to another product, should be supported by relevant and accurate comparative data which involves studies, tests or other forms of evidence that show the basis of the comparison.

Third-Party Certifications

Claims about certifications, awards or seals of approval should be substantiated with evidence from reputable third-party organisations.

The level of substantiation required depends on the nature of the claim and the potential impact on consumers. Claims that are likely to influence consumers’ decisions or health and safety considerations generally require a higher level of demonstrative evidence.

In Turkey, the use of product demonstrations in advertising is subject to the following key standards outlined in the Consumer Protection Law No. 6502 and related regulations:

Accuracy

Product demonstrations must accurately reflect the product’s actual performance, attributes and benefits.

Objective Presentation

Product demonstrations should be presented in an objective and unbiased manner.

Clear and Transparent Presentation

Any visual effects or enhancements used in the demonstration should not be misleading and should be clearly disclosed if they do not represent the actual product’s performance.

No Manipulation of Results

Advertisers must not manipulate the results of a product demonstration to create false impressions about the product’s qualities.

Full Disclosure

If a product demonstration involves a comparison with another product or a specific result, full disclosure should be provided about the conditions under which the demonstration was conducted.

Realistic Depiction

Product demonstrations should depict the product’s performance in a realistic manner that accurately represents how the product would function in real-world situations.

Product Limitations

If there are limitations or exceptions to the product’s performance demonstrated, those limitations should be clearly disclosed to prevent any misleading impressions.

Endorsements and Testimonials

If the product demonstration includes endorsements or testimonials from individuals, their status as actual users of the product should be genuine and their statements should accurately reflect their experiences.

No Unsubstantiated Claims

Any claims made during the product demonstration should be substantiated with the necessary evidence.

Advertisers are obliged to prove the accuracy of the claims in their commercial advertisements. Accordingly, descriptions, claims or illustrative narratives regarding verifiable facts presented in advertisements are required to be substantiated with information and documentation of scientific validity. The information and documentation may be requested from the universities or accredited or independent research, testing and evaluation organisations.

In advertisements, information of a nature that could influence the consumer’s purchasing decision must be conveyed within a time frame and format that an average consumer can perceive. The essential elements of the main promise contained in the advertisement are to be clearly and comprehensibly stated in the main message of the advertisement. For advertisements where subtitles or footnotes cannot be included due to their nature, it is sufficient to redirect consumers to customer service numbers or websites where detailed information can be obtained, provided that the main promise is conveyed in a complete manner.

Subtitles, static texts and footnotes in advertisements must be of readable and perceptible speed and size. Text used in written media can be used to clarify or convey the conditions or exceptions necessary for the main promise to be fulfilled.

Pursuant to the Regulation on Commercial Advertising and Unfair Commercial Practices, advertisements shall not contain defamation, abuse, prejudice or discrimination based on language, race, colour, gender, political opinion, philosophical belief, religion, sect or similar characteristics.

The advertisements containing environmental claims are regulated by Article 17 of the Regulation on Commercial Advertising and Unfair Commercial Practices. Additionally, in 2022, the Ministry of Trade published a Guideline on Advertisements Containing Environmental Claims (the “Guideline”) which stipulates the following fundamental principles:

• Advertisements shall not be made in a manner that exploits consumers’ sensitivity to environmental matters.
• If there are specific conditions necessary for the realisation of the environmental claims provided in advertisements, these conditions must be clearly stated.
• Environmental symbols, signs and endorsements cannot be used in a deceptive manner in advertisements.
• Advertisements can only utilise scientific findings and technical representations based on scientific studies recognised by academic institutions in relation to environmental impact.
• Environmental claims relating to a product or service’s compliance with legal processes, standards or environmental claims about processes or components not currently in use by the advertiser, must not be used in a way that creates an impression that the product, service, process or company is distinctively superior to or better than its competitors or counterparts.
• If information about energy efficiency or price is provided, it is mandatory to indicate the energy efficiency class of the relevant product.

This Guideline establish stringent principles to prevent deceptive practices such as greenwashing.

Although there is no special laws or guidance related to dark patterns, there are principles that may fall within the scope of dark commercial patterns under the Regulation on Commercial Advertising and Unfair Commercial Practices. This Regulation stipulates that using methods that adversely affect the consumers’ will to make a decision or choice by means of tools such as guiding interface designs, options or expressions on the internet is a deceptive commercial practice. Also, the Law on the Regulation of Electronic Commerce stipulates certain rules to prevent drip pricing which is one of the methods of dark patterns. In addition, the Law on Consumer Protection bans unfair commercial practice which can be evaluated as dark patterns.

The Turkish Consumer Protection Law, the Regulation on Commercial Advertising and Unfair Commercial Practices, the Law on Establishment and Broadcasting Services of Radio and Television, the Regulation on Principles and Procedures for Broadcasting Services and the Law on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications contain provisions regarding advertisements targeting children.        

Pursuant to the Law on the Protection of Consumers, the inclusion of names, trademarks, logos or other distinctive shapes or expressions, trade names or business names related to goods or services in articles, news, publications and programmes without explicitly stating that they are advertisements, and presenting them in an introductory manner for the purpose of advertising, are considered as surreptitious advertisements. It is prohibited to make audio, written and visual surreptitious advertisements in all kinds of communication tools.

Moreover, it is obligatory to include the phrase “advertisement” in the ranking results displayed based on advertisements or sponsorships and similar agreements.

According to the Guideline on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers, when influencers share content that involves material gain, free products or discounted services from advertisers, the influencer is obligated to clearly indicate this using at least one of the expressions outlined in Sections 7 to 10 of the Guideline, such as “#advertisement”, “#collaboration” or “#partnership”.

Special claims are governed by the following regulations:

Health Claims

The Regulation on the Use of Health Claims in Foods and Supplements determines the procedures and principles regarding the use of health claims in food and food supplements supplied to consumers. Only health claims stipulated under the respective guideline can be used on these products.

According to the Regulation, the use of a health declaration shall not be:

• ambiguous, inaccurate or misleading;
• phrased in such a way as to cause doubt as to the adequacy or reliability of other products;
• phrased in a way that supports or encourages excessive consumption of a particular product; or
• phrased in such a way as to refer to changes in bodily functions through written, pictorial, graphic or symbolic representations in a way that may cause anxiety to the consumer.

Nutrition Claims

The Turkish Food Codex Regulation on Nutrition Claims stipulates that nutrition claims can be used in the labelling, promotion and advertisement of foods placed on the market and sets out the basic principles during this use. Accordingly, the use of nutrition claims shall not be:

• ambiguous, inaccurate or misleading;
• phrased in a way that cause doubt about the nutritional adequacy or reliability of other foods;
• phrased in a way that supports or encourages excessive consumption of a certain food;
• phrased in a way that states, asserts or implies that a varied and balanced diet cannot provide adequate amounts of nutrients in general and may cause concern in the consumer; and
• phrased in a way that refers to changes in bodily functions through written, pictorial, graphic or symbolic representations.

The use of nutrition claims shall only be permitted if the average consumer can understand the beneficial effects set out in the claim. Nutrition claims shall be made on the basis of the food prepared for consumption according to the instructions for use.

In accordance with the Article 8 of the Regulation on Commercial Advertising and Unfair Commercial Practices, comparative advertisements can only be made under the following conditions:

• without featuring the product name, brand, logo, trade name, business name or other distinctive elements of competitors;
• not being deceptive or misleading;
• not leading to unfair competition;
• compared goods or services meeting the same needs or having the same purpose;
• comparing an aspect that benefits the consumer;
• objectively comparing one or more material, substantial, verifiable and typical characteristics of the compared goods or services, including price;
• not disparaging or discrediting the goods, services, activities or other features of competitors;
• in comparisons related to goods or services with indicated origin, the goods or services shall originate from the same geographical location;
• not causing confusion between the advertiser and the competitor’s brand, trade name, business name or other distinctive sign or goods or services; and
• not conflicting with the principles determined by the Board of Advertisement.

The health claims cannot be subject to comparison in food advertisements. Comparative advertisements for dietary supplements are strictly prohibited.

Comparative advertisements cannot include competitors ’product names, brands, logos, trade names, business names or other distinctive elements.

In the event of comparative advertising by a competitor, a complaint can be file to the ASRB and the Board of Advertisement. Subsequently, a lawsuit can be filed against the decision of the Board of Advertisement before the administrative courts. The methods to take such actions are as follows.

Advertisement Self-Regulatory Board

Consumers, organisations, competitors, advertisers and advertising agencies can file a complaint to the ASRB by stating a violation demonstrated with the evidence of the advertisement. Upon the application, the advertiser of the advertisement and the advertising agency, if any, are asked to submit a written opinion within two business days at the latest. If no response is received within this period, the Board shall make an evaluation without the opinion of the other party. If the advertisement is found to be misleading by the Board, the advertiser and the advertising agency are first requested to amend the advertisement or to suspend its publication. If the advertisement is not amended or suspended, the relevant media organisations are ordered to remove the publication.

Board of Advertisement

Consumers, institutions and organisations and competitors can file a complaint to the Board of Advertisement for the advertisement that is deceptive to consumers or contrary to the relevant legislation, or an ex officio investigation may be initiated by the Board. Applications that do not include the name, surname, T.R. identification number and address of the applicant and the title and address of the legal entity will not be evaluated by the Board. Applications regarding commercial advertisement shall include determinative issues such as the medium, date and subject of the complaint.

Administrative Court

An action can be taken for refusal of the decision of the Board of Advertisement before the First Instance Administrative Court within thirty days following the notification of the decision. Also, the decision of the First Instance Court can be appealed.

There is no direct regulation governing ambush marketing in Turkey. However, if the conditions are met, suspected ambush marketing can be evaluated within the provisions of unfair competition by the Board of Advertisement.

The Guideline on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers stipulates the principles regarding advertisements made by social media influencers. The Guideline covers all forms of consumer commercial advertising and commercial practice by social media influencers. Depending on the platform (Instagram, Spotify, YouTube, etc) on which the commercial advertising relationship takes place, the social media influencer must clearly state this relationship by using at least one of the expressions listed in Articles 7, 8, 9 and 10 of the Guideline, in the posts where financial gain and/or benefits such as free or discounted goods or services are provided from the advertiser.

Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications regulates the obligations and responsibilities of content providers, hosting providers, access providers and collective use providers. In circumstance where such providers publish an advert in online or social media, certain principles stipulated under Law No. 5651 can be applied to unlawful advertisements.

If an advertiser is a content provider as per Law No. 5651, it is responsible for all kinds of content made available on its own site or social media channels. Although the hosting providers are not obliged to control or investigate the content, they are obligated to remove it when they are informed about illegal content. For instance, the advertiser is responsible for the contents published on its own Facebook account, but Facebook shall only be liable when it is notified of the illegal content.

In any shared content, the explanatory statements must adhere to general principles of advertising law such as accuracy, honesty and transparency.

According to the Guideline on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers, advertisements made on:

• video sharing platforms such as YouTube and Instagram TV, shall include certain explanations such as “with the support of [advertiser]”;
• photo and message sharing platforms shall include certain explanations such as “#Advertisement”;
• podcasts shall include certain explanations such as “this podcast contains an advertisement about [the advertiser]”;
• platforms where the content can only be seen for a short time shall include certain explanations such as “#Sponsorship”.

Pursuant to Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through These Publications, access blocking or band narrowing decisions can be issued for any social media platform in certain circumstances. For example, when the broadcasts has sufficient grounds for suspicion to constitute the following offences under the Turkish Penal Code, takedown request can be actioned and a decision to block access may be taken:

• inducement to suicide (Article 84);
• sexual abuse of children (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); or
• providing a place and opportunity for gambling (Article 228).

If the content publicly insults or blasphemes the memory of Atatürk, takedown request can be actioned and a decision to block access may be taken.

If the content encourages people to advertise or play a joint betting or game of hazard based on sports competitions, takedown request can be actioned and a decision to block access may be taken.

Currently, there is no social media platform banned in Turkey. However, booking.com, which is a global online travel agent. has been banned due to breaching competition law principles in Turkey.

Pursuant to Article 28/A of the Regulation on Commercial Advertising and Unfair Commercial Practices, in the event that a ranking is made by comparing the price, quality and similar aspects of a good or service offered for sale on the internet, information on the criteria by which the ranking is created shall be included in the same area or in a way that can be easily visible on a pop-up screen where consumers can get detailed information by being directed toward with a link or warning sign. Also, it is obligatory to include the phrase “advertisement” in the ranking results based on advertisements, sponsorships and similar agreements.

In May 2021, the Ministry of Trade issued the Guideline on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers to provide guidance for all individuals, institutions and organisations that advertise, as well as advertising agencies and media organisations related to commercial advertising and commercial practices by social media influencers. The guideline is quite comprehensive, detailing even the hashtags that influencers need to include when publishing advertisements.

The advertiser is liable for content posted by its influencers. Also, the advertiser has the following duties to monitor its influencers:

• to inform influencers about the Guideline;
• to request from the influencers to comply with relevant laws;
• to draw an attention to the obligation of third parties to comply with the specified obligations when the influencer involves third parties; and
• to take measures against violations that could be made by the influencers.

As per the Article 28/B of the Regulation on Commercial Advertising and Unfair Commercial Practices, in the event that consumers create reviews regarding a good or service, or sellers or providers, such reviews are only allowed to be made by those who purchase the relevant good or service. The principles and rules determined regarding the publication of these reviews shall be included in the area where the reviews are published or on a pop-up screen where consumers are directed with a link or warning sign.

Consumer reviews shall be published according to an objective criterion such as date, evaluation grade or ranking according to the seller or provider, without any guidance for at least one year without making any positive or negative distinction after the necessary examinations are made. Issues regarding consumer reviews that are not allowed to be published within the framework of the principles and rules determined shall be immediately notified to the consumer who made the review. The control process that sellers, providers, or intermediary service providers will operate in relation to the publication of reviews should be reasonable and proportionate in order not to discourage or hinder consumers from making evaluations. Regardless of whether they are positive or negative, all reviews should be subject to the same control process and time limits.

If it is reported by the consumer or the seller or provider that consumer victimisation related to the goods or services reviewed has been eliminated by the seller or provider, this situation is published without delay in the same place as the first evaluation, after the necessary verification is made.

In order to increase the sale of a good or service, an agreement shall not be made or a service shall not be purchased with a natural or legal person for making inaccurate reviews or using statements approving the good or service.

In Turkey, there is no national do-not-contact registry, but a commercial electronic message management system (IYS) exists for managing opt-ins and opt-outs. Individuals and businesses sending commercial messages must register with IYS, and recipients can choose to opt-in or opt-out of receiving messages at any time. Consent not obtained through IYS must be recorded in IYS within three business days by the provider. The provider notifies the IYS of the opt-out notifications received within three business days. The text of the consent should not include the affirmative declaration of will as pre-selected. On the other hand, on September 22 2023, the "Guideline on Consumer Reviews" was published, reflecting the Advertising Board's perspective on the subject. This guideline aims to provide guidance to advertisers, advertising agencies, media organisations, and all individuals, institutions, and organisations involved in advertising regarding fundamental principles, disclosure, control processes, situations considered deceptive, and obligations related to consumer reviews.

In teleshopping advertisements, it is mandatory for the advertiser’s name, title, address, phone number and other contact information, the total price of the product or service including all taxes and shipping costs, and information about the conditions and duration for exercising the right of withdrawal when applicable, to be included. In such advertisements, terms like “first time”, “last”, “only”, “one-time”, “limited sale”, “everything must be sold”, “sold or will be sold” or similar expressions cannot be used to encourage consumers to purchase the product or service.

In Turkey, there are no specific rules in regards to text messaging. However, a commercial electronic message management system (IYS) exists for managing opt-ins and opt-outs. Individuals and businesses sending commercial messages must register with IYS, and recipients can choose to opt-in or opt-out of receiving messages at any time. Consent not obtained through IYS must be recorded in IYS within three business days by the provider. The provider notifies the IYS of the opt-out notifications received within three business days. The text of the consent should not include an affirmative declaration of will as pre-selected.

In Turkey, the use of individuals’ data is overseen by the Personal Data Protection Authority. It is necessary to act in accordance with the Personal Data Protection Law (“PDPL”) regarding data to be processed for advertising purposes. Accordingly, sanctions may be applied on the data controllers due to sending unauthorised commercial electronic messages for advertising and marketing purposes to the data subjects.

All the principles and obligations brought to protect data subjects under the PDPL also cover children.

In all advertisements to be made, privacy of private life shall be given utmost importance. In this context, access to content published on the internet shall be access blocked in cases of violation of the right to privacy, in accordance with the Law on the Regulation of Publications on the Internet and the Combating of Crimes Committed Through Such Broadcasts. The blocking of access is applied by blocking access to the content (in the form of a URL) in relation to the publication, part, section, picture or video that violates the right to privacy. In addition, violation of the right to privacy is regulated as a separate type of crime in the Turkish Penal Code. In this context, anyone who violates the privacy of the private life of individuals shall be punished with imprisonment from one to three years as per the Turkish Penal Code. If this violation is made by recording images or sounds, the penalty can be increased. Also, anyone who unlawfully discloses images or sounds related to the private life of individuals is punished with imprisonment from two to five years. If these disclosed data are published through the press and broadcast, the same penalty shall be imposed.

A cash prize draw can only be conducted by the National Lottery Administration (NLA). On the other hand, a permission from the NLA is required to organise sweepstakes.

There is no need to obtain permission from the NLA in cases where no price is requested from the participants and a good or service is not intended for marketing or sale, and in cases where those who will participate in the competition are selected according to the pre-announced conditions, without the drawing or drawing method, and in cases where candidates are determined only by the method of drawing or drawing in the presence of the candidates. However, each contest mechanism needs to be evaluated individually on a case-by-case basis in order to determine whether it requires official permission.

Those who want to organise a non-cash prize have to apply for a permission to the NLA. The followings are required for this permission:

• an application petition which includes detailed information regarding the every detail of the sweepstakes which includes the organiser, prize, etc;
• a document indicating that the deposit requirement is met;
• official documents of the main promoter or the company conducting the campaign in Turkey on behalf of a global/foreign promoter;
• application fee, guarantees and permission documents obtained from other institutions; and
• if necessary, other documents requested by the NLA.

Contests of skill and games of chance are evaluated separately under Turkish regulation. The General Directorate of National Lottery Administration Regulation on Non-Cash Lotteries and Sweepstakes stipulates the contents of games of skill. On the other hand, the Regulation on the Granting of the Games of Chance License and the Activities Subject to the License oversees games of chance which are defined as a lottery, numerical games, instant winning and similar games played for cash and the result of which is determined based on chance.

There is no need to obtain permission from the NLA in cases where no price is requested from the participants and a good or service is not intended for marketing or sale, and in cases where those who will participate in the competition are selected according to the pre-announced conditions, without the drawing or drawing method, and in cases where candidates are determined only by the method of drawing or drawing in the presence of the candidates. However, each contest mechanism needs to be evaluated individually on a case-by-case basis in order to determine whether it requires official permission.

In Turkey, permission must be given by the Administration to plan, organise and draw games of chance. The operations of the licensee regarding the planning, organisation and arrangement of games of chance and the installation and operation of games of chance system on which these operations can be carried out, are carried out with the license agreement.

In advertisements containing:

• any written, audible or visual phrase indicating a discount on a good or service;
• the price before the discount;
• the start and end dates of the discounted sale; and
• if the amount of the goods or services offered for sale at a discount is limited,

this amount must be clearly and understandably stated. Discount sale advertisements shall not contain expressions or images that may mislead consumers by causing confusion about which goods or services will be subject to discounted sale or how much discount will be applied, or that may create the impression that more discount is applied than it actually is. In determining the sale price of a good or service before the discount, the lowest price applied within thirty days prior to the date of the discount is taken as the basis. In advertisements for perishable goods such as fruits and vegetables, the price prior to the discounted price shall be taken as the basis when calculating the amount or rate of the discount.

In addition, in accordance with the Guideline on Advertisements Containing Price Information and Discount Sale Advertisements and Commercial Practices, in cases where the consumer is required to pay for the acquisition of a good, except for the mandatory and reasonable costs required for delivery, “free of charge” or similar descriptions should not be used for that good.

Automatic renewal/continuous service offers are mostly applied in subscription agreements. According to the Law on the Protection of the Consumer, fixed-term provisions in subscription agreements will be extended for the specified period and shall not be included in the agreement. However, after the establishment of the subscription agreement, the agreement shall be extended until the date of termination if the consumer requests or approves it. The consumer has a right to terminate an indefinite-term or fixed-term subscription agreement that exceeds one year without stating any reasons and without paying any penalty. In the case of changes to the agreement terms by the seller or provider in subscription agreements with a duration of less than one year, the consumer shall also terminate the agreement.

There has not yet been any regulation regarding artificial intelligence in Turkey. It is expected that legal regulations on artificial intelligence will be made in Turkey in the near future, taking into account other jurisdictions.

There are no special rules related to making claims that a product is developed through the use of AI, is powered by AI, or has AI-related capabilities under Turkish regulation. Considering that this is a hot topic in Turkey, we believe that regulations in this direction will be introduced in the future.

There is no regulation regarding chatbots in Turkey.

NFTs are not accepted as a payment instrument under Turkish law and there are currently no specific legal regulations. The Regulation on Not Using Cryptocurrency Assets in Payments has been issued by the Central Bank of the Republic of Turkey to prevent the usage of the cryptocurrency assets as a payment instrument. The purpose of this Regulation is to establish procedures and principles regarding the non-use of cryptocurrency assets in payments, the direct or indirect non-use of cryptocurrency assets in the provision of payment services and the issuance of electronic money, and the non-mediation of payment and electronic money institutions in transactions involving the buying, selling, storage, transfer or issuance of cryptocurrency assets on platforms offering such services or in transfers of funds to and from these platforms.

Currently, Turkish law does not have any regulation pertaining to the concept of the metaverse oradvertising within the metaverse.

Regulation on Promotional Activities for Medicinal Products for Human Use and Drugs

Promotion of the human medicinal products, enteral nutrition product and medical food to physicians, dentists and pharmacists is regulated by strict rules under this Regulation. For instance, said products cannot be directly or indirectly promoted to the public by means of programmes, films, TV series, news and similar means in all kinds of media and communication media, including the internet. However, the public can be informed about the subject products under vaccination campaigns, fighting against epidemics or campaigns carried out by the Ministry of Health to promote good health, with the permission of the Ministry. While promoting said products to physicians, dentists and pharmacists, no cash or in-kind advantage may be provided, offered or promised.

Medical Devices

According to the Medical Device Sales, Advertising and Promotion Regulation, promotions targeting healthcare professionals and technical personnel working in the field of medical devices within healthcare institutions can be conducted by supporting or organising scientific meetings. In this context, for meetings organised by or contributed to by the medical devices seller, it is mandatory to notify the content and details of the meeting to the Turkish Medicines and Medical Devices Agency at least fifteen days prior to each meeting. If the notifications are not responded to within ten business days, they shall be deemed as approved by the Agency.

Nutrition Claims: The Turkish Food Codex Regulation on Nutrition Claims stipulates that nutrition claims can be used in the labelling, promotion and advertisement of foods placed on the market and the basic principles during this use. Accordingly, the use of nutrition claims shall not be:

• ambiguous, inaccurate or misleading;
• phrased in a way that causes doubt about the nutritional adequacy or reliability of other foods;
• phrased in a way that supports or encourages excessive consumption of a certain food;
• phrased in a way that states, asserts or implies that a varied and balanced diet cannot provide adequate amounts of nutrients in general and may cause concern to the consumer; and
• in a way that refers to changes in bodily functions through written, pictorial, graphic or symbolic representations.

Alcohol

In Turkey, the advertising or promotion of the consumption and sale of alcoholic beverages is prohibited in all media.

Tobacco

Turkish law foresees that any kind or form of promotion of tobacco and related products is prohibited. For instance, tobacco producing companies cannot support any event by using even their registered tobacco trade marks.

Cannabis

Any kind of Cannabis and related product is strictly prohibited in Turkish law. The sale and encouragement of the use of stimulants and drugs (including cannabis) is determined as a crime under the Turkish Penal Code.

Pursuant to the Law on Establishment and Broadcasting Services of Radio and Television Enterprises, product placement can be used in films, TV series, sports and general entertainment programmes made for cinema and television, as well as in radio broadcasting services. There are certain conditions must be met for the placement of products such as font style and presence time of the product placement disclaimer. The product placement should not compromise the integrity of the programme and should not overemphasise products placed in the programme.

In particular, product placement is not allowed in news bulletins, children’s programmes and religious programmes. Also, restricted products such as alcohol and tobacco cannot be used for product placement.

Cosmetic Products

Pursuant to the Cosmetic Products Regulation, the text, names, trade marks, images and other signs in cosmetic product advertising shall not be deceptive in a manner that suggests cosmetic products have unreal functions.

Financial Products

The advertisement of financial products is not prohibited, yet must comply with certain rules. For instance, interest and dividend rates must be stated correctly and the related conditions must be provided in the advertisements. The monthly and annual percentage value of the total cost of a loan to the consumer is clearly and comprehensibly stated in the advertisement of loan services that provide interest rates. Consumers cannot be misled about the type and term of the loan, the required assurance and repayment terms in advertisements regarding loan services.

Dating

The advertisement of dating, chatting, friend-matching services or products is prohibited.

Weapons

The advertisement and encouragement of all kinds of weapons, firearms or non-firearms, gun manufacturers and traders are prohibited.

Electronic Communication Services

Advertising related to internet speed or coverage area should include detailed information about the potential variability of the promised speed or coverage area based on factors such as infrastructure, geographical conditions, network congestion, the device used and building location. The restrictions on fair usage policy, speed limits and similar limitations in the service provided should be clearly specified in the advertising.

“Other Matters” Under the Commercial Advertising and Unfair Commercial Practices Regulations

• Service advertisements given by fortune tellers, psychics, astrologers and the like, and illegal betting and gambling games, cannot be made.
• Timeshare or long-term vacation services cannot be promoted as an investment vehicle.
• In advertisements containing rental or instalment sale terms, consumers cannot be misled regarding the cash price of the product or service, the deposit, payment schedule, interest rate, total cost of the goods or other sales conditions.
• If the price is included in advertisements for residential or vacation-purpose real estate, it is obligatory to show the gross and net areas of the relevant independent section.
• If a component that is contrary to the general religious sensitivities of Turkish society is used directly or indirectly in the content of an advertised product, this matter is clearly indicated in advertisements.