COVERT ADVERTISING ON SOCIAL MEDIA

The Guideline on Commercial Advertising and Unfair Commercial Practices Conducted by Social Media Influencers (“Guideline”) was adopted by the Advertising Board by virtue of its Principle Decision No. 2021/2 at the meeting dated 04.05.2021 and numbered 309, and subsequently entered into force.

Pursuant to article 5 of the Guideline, advertisements made through social media influencers must be expressed in a clear and comprehensible manner and must be easily distinguishable as advertising. As in all forms of communication, covert advertising is prohibited on social media, whether in audio, written, or visual form.

Under the Consumer Protection Law No. 6502 and the Regulation on Commercial Advertising and Unfair Commercial Practices No. 29232, it is considered covert advertising when, without explicitly stating that the content constitutes an advertisement, trade names, trademarks, logos, or other distinctive signs relating to goods or services are included in texts, news, broadcasts, or programs for the purpose of advertising and are presented in a promotional manner. Violations of the prohibition on covert advertising are subject to supervision and administrative sanctions by the Advertising Board.

Tagging brand accounts or sharing links by social media influencers may also constitute a breach of the prohibition on covert advertising. Indeed, in its precedent decisions, the Advertising Board has held that, where such posts direct consumers to the corporate social media accounts through which the relevant goods or services are promoted and marketed, the failure of social media influencers to include any disclosure indicating that the post is an advertisement constitutes covert advertising. Based on such findings, the Advertising Board issues administrative fines and orders for the suspension of the relevant advertisements.

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