The advertising field continues to develop on par with the developing technology and widespread use of the Internet. However, these bring along legal conditions such as failure to maintain order in the advertising field or legal damage to the parties as well.
In the case of legal processes, you need a Turkish lawyer firm to get a good service. As Istanbul Lawyer Firm, we will help you with legal problems in this field and enlighten you about what’s Turkish Advertising Law in this article.
Key Provisions in the Turkish Advertising Law
Here’re the key provisions of the Turkish Advertising Law. In case of incompatibility with these, legal actions can be taken.
- Reducing Untruthful, False or Misleading Advertisements: They cannot deceive consumers. Any advertisement with content that deceives individuals, audiences, or customers is against Turkish Advertising Law. According to Article 16 on the Protection of Consumers, advertisements must be honest and correct, and comply with the law, morality, public order, and personal rights.
- Not Leading to Discrimination: Advertisements cannot create language, religion, race, or gender discrimination, and cannot contain slander or exploitation. Advertisements containing them are against Turkish Advertising Law and are subject to legal proceedings.
- Creating a Fair Environment in the Advertising Field: Every advertisement must comply with the principles of fair competition accepted in business life and the public, with an awareness of economic and social responsibility.
Objectives of Turkish Advertising Law
There’re some objectives of Turkish Advertising Law. They’re stated as follows:
- To Protect and Regulate Issues, Businesses, and People in the Field of Advertising Like in every field, it’s aimed to protect the rights of people in the advertising field and to minimize the related legal problems. In this way, consumers and advertisers are protected under Turkish Advertising Law.
- To Stop the Spread of False Information in This Field and Prevent Any Harm to Customers The main purpose of advertisements is to present products or services to the right audience/groups in the right way, with accurate information. Every false information creates a problem in this area and as a result, legal procedures occur. It’s aimed to minimize these problems with the rules determined within the framework of Turkish Advertising Law.
- To Make Legal Arrangements to Create a Fair Environment: Regulations like the Regulation on Commercial Advertising and Unfair Commercial Practices and the Law of 5651 on regulating internet publications and combating crimes committed by means of such publications are made in this field to achieve this goal.
Compliance with Turkish Advertising Law
The legal order in Turkey has introduced some regulations to secure the rights of the advertiser and the people exposed to the advertisement. In that sense, the basic principles regarding advertising have been determined. For instance, ensuring order and accuracy in this field is important. Therefore, advertisements should be accurate and comply with Turkish Advertising Law.
It provides compliance in terms of Turkish Advertising Law. In Turkey, the principal body in charge of regulating commercials in all media, including broadcasts on TV, radio, and the Internet, is the Advertisement Board. For example, to adjust the general guidelines that must be followed by all parties involved in the commercial advertising and commercial practices conducted by social media influencers, the Advertisement Board recently published the Guidelines on Commercial Advertising and Unfair Commercial Practices of Social Media Influencers. Thus, it will be known by the parties what is legal and what isn’t.
The Consequences of Non-Compliance
The competent body that establishes the fundamentals of commercial advertising is The Advertisement Board, founded under the Ministry of Commerce in line with the Consumer Protection Law. It’s essential to ensure fair trade between the consumers and the related parties in this field. In the case of non-compliance like containing harmful content, targeting wrong people/groups, or violating the privacy of personal information, The Advertisement Board takes action. The consequences for non-compliance can be different for every case. Fines, suspensions, and corrections are common sanctions.
Turkish Advertising Law and Local Businesses
Local businesses in Turkey have the right to advertise their business or products. However, they cannot support unfair competition and misleading information since it can lead to legal problems. They can protect their brands and avoid legal issues by following Turkish Advertising Law and regulations in this field.
Advertising Law in Turkey and International Businesses
International businesses are allowed to carry out their business in Turkey like local entrepreneurs. However, they have to pay attention to the rules and regulations of Turkish Advertising Law. The advertisement cannot be misleading or false and have to be about the right target and groups.
If you seek professional support for your cases related to international businesses and other fields, you can contact Istanbul Lawyer Firm that help our clients with our lawyers who can speak English fluently.
FAQ About Advertising Law in Turkey
Here’re some FAQs about Turkish Advertising Law.
What is the Law of 5651?
It is on regulating internet publications and combating crimes Committed by means of such publications. The reason for adopting this was to protect families and children from inappropriate or unsafe online information. It prevents misleading and false information like the promotion of drug use and ads.
Is False Advertising Illegal in Turkey?
An advertisement has to be truthful instead of fake or misleading. Yet, since it’s a board area, this cannot be avoided. In Turkey, misleading information about advertisements is considered false advertising. To protect customers and reduce the level of false advertising, it’s strictly prohibited in Turkey.
Is Tobacco and Alcohol Advertising Allowed in Turkey?
According to the Turkish Advertising Law, the advertising of tobacco isn’t allowed in Turkey. Also, other tobacco and smoking products like cigarettes and vapes aren’t advertised. Similarly, the advertising of alcohol isn’t allowed. Any signs or logos related to alcohol brands aren’t allowed for advertising.
Is There a Regulation for Social Media Influencers in Turkey?
For a long period, there were no rules, regulations, or laws regarding advertising through social media in Turkey. General advertising laws and regulations were to be used. The general requirements of legal regulations governing advertising in Turkey, like accuracy, non-misleading, compliance with the safety of the public, and not creating unfair competition, should be followed by social media advertisements and influencer marketing strategies. Recently, with The Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers, the general regulations of advertising law which apply to advertisements on social media and by social media influencers have been used in this field.
