Basis and Scope The Guide on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers (“ Guide ”) was published ...
Basis and Scope
The Guide on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers (“ Guide ”) was published by the Ministry of Commerce on 05.05.2021. The Guide, which was prepared based on the Law on Consumer Protection (“TKHK”) and adopted as the principle decision numbered 2021/2 at the meeting numbered 309 of the Advertising Board dated 04.05.2021, covers all kinds of advertising and commercial activities made by social media influencers and directed to the consumer . covers the application.
Regulations
The guide emphasizes that the ban on covert advertising targeting consumers also applies to social media, and obliges social media influencers to be clear, understandable and distinguishable for advertisements published by them. With guide,
“ A person who engages in marketing communication through his social media account in order to sell or rent a good or service belonging to himself or the advertiser, and to inform or persuade those who make up the target audience. ”
“social media influencers” defined as; In the posts where the advertiser receives benefits such as financial gain or free or discounted goods or services, he/she is obliged to include labels or explanations that will indicate that the post is an advertisement. In accordance with the guide, these labels or descriptions,It can be distinguished from the background of the relevant post and is of a size that can be easily read,
Taking into account the characteristics of the shared medium,
Consumers will be able to understand that the post is a commercial advertisement when they first encounter it.
must be presented to the consumer.
The Guide, which also regulates the content of labels and descriptions, makes a three-way distinction according to the nature of the medium in which the advertisement will be published.
a. For advertisements on video sharing channels such as Youtube and Instagram TV:
One of the following phrases must be included in the video, either in writing or verbally, constantly or in the title or description of the video or at the beginning of the section where the relevant advertisement will appear, without forcing consumers to click on an area such as "read more": "This video contains advertisements of [the advertiser]." , “This video includes paid collaboration with [advertiser].”, “With support from [advertiser].”, “I received these products as a gift from [advertiser].”, “Thanks to [advertiser] for sending me the products ] thanks."
b. For advertisements made on photo and message sharing channels such as Instagram, Facebook, Twitter, and media where content can only be seen for a short time, such as Snapchat and Instagram stories:
At least one of the following tags or descriptions is included in or under the photo and/or message or in its descriptions, together with any of the promotional information about the advertiser such as name, brand, trade name: "#Advertisement", "#Advertisement/Promotion", " #Sponsor”, “#Collaboration”, “#Partnership”, “Collaboration with @[Advertiser]”, “Provided by @[Advertiser].”, “Received as a gift from @[Advertiser].”
c. For advertisements made on the podcast medium:
At least one of the following statements, written and verbal, is included at the beginning, middle and end of the broadcast: “This podcast contains advertising about [advertiser].”, “This podcast consists of a paid collaboration with [advertiser].” , “With the support of [advertiser].”, “I received the products (which I mentioned in my podcast) as a gift from [advertiser].”
Although all labels and explanations specified are in Turkish, expressions in foreign languages such as "#ad", "#advertising", "#collab", "#collaboration", which are frequently encountered in practice, are not included in the scope of the Guide.
Social Media Influencer Obligations
As per the guideline, the social media influencer; He cannot post for commercial advertising purposes about a good or service that he has not yet experienced, in a way that would approve of that good or service or create the perception that he has experienced it before the consumers, nor can he create the impression that he has purchased a good or service gifted to him by the advertiser or that he is only a consumer.
Again, along with the Guide, the social media influencer makes claims about scientific research and test results that are not based on measurable and numerical data and are impossible to prove; It is prohibited to direct people to goods or services offered by doctors, dentists, veterinarians, pharmacists and health institutions, or to promote these goods or services.
In addition to these prohibitions; The systematic mass creation or use of false or non-existent identities to advertise a good or service is also prohibited.
Although the use of effects or filters is not prohibited in commercial advertising, which is frequently encountered in practice and is widely complained about because it causes consumers to be mistaken about the product, it is regulated that this situation must be clearly stated in the advertisement.
Advertiser's Responsibility
The guide includes advertisers; It makes social media influencers responsible for informing them about the provisions of the Guidelines and requiring them to comply with relevant consumer legislation and taking measures against violations. In case of infringement by advertisers, social media influencers are prevented from relying on liability and avoiding liability, thus regulating strict liability against advertisers. However, this strict liability can be eliminated if it is proven that the advertiser has acted in accordance with the relevant obligations.
Sanction
The Guidelines stipulate that advertisers, advertising agencies and social media influencers will each be individually responsible for compliance with the Guidelines. In this regard, in case of non-compliance with the regulations in the Guide, the Advertising Board may impose sanctions such as administrative fines set out in Article 77 of the TKHK.
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