The rapid digitalization of daily life has made social media integral to modern commerce and created new professional groups in this sphere. Social media use across age groups has led to the emergence of the “social media influencer,” now widely treated as a professional occupation. The growth of influencer-led advertising has, in turn, required legal measures to protect consumer rights.

Within the framework of Law No. 6502 on Consumer Protection (“Law”), the Advertising Board (“Board”) adopted the Guideline on Commercial Advertisements and Unfair Commercial Practices by Social Media Influencers (“Guideline”) as a principle decision (No. 2021/2) at its meeting dated 4 May 2021 and numbered 309.

General Framework

As digitalization accelerates, social media platforms have become core elements of marketing strategies. Influencer-led promotional activities stand out for their reach and engagement but also necessitate rules to protect consumers. In Turkey, the relevant legislation, the Regulation on Commercial Advertising and Unfair Commercial Practices (“Regulation”), Board decisions, and the Guideline establish an ethical and legal framework for influencer marketing. While the Guideline and the Regulation set core principles applicable across platforms, platform-specific provisions in the Guideline address technical and design differences that affect how advertising is perceived.

Transparency in Digital Advertising and Consumer Protection

Article 4 of the Guideline defines social media as interaction-oriented platforms where users create and share content (text, images, audio, etc.). Social media influencers are individuals who promote products or services with the aim of informing or directing a target audience.

Under Article 5, commercial communications by influencers must be non-misleading and clearly distinguishable as advertising. Advertisements must be presented in a clear, understandable, and easily identifiable manner. Where an influencer receives any financial or non-financial benefit, this must be explicitly disclosed. Tags and disclosures must be visible, legible, prominently displayed, and presented so as not to obscure the advertising nature of the content.

Non-compliance may result in administrative fines on influencers, advertisers, advertising agencies, media organizations, and any persons or entities involved in the advertisement.

Advertising Activities

The Guideline classifies influencer advertising by platform type, recognizing that platform features affect consumer perception and compliance methods.

1. Video-sharing platforms (e.g., YouTube, Instagram TV): Disclosures should include written and verbal statements such as: “This video contains advertisements for [advertiser],” “This video includes paid collaboration with [advertiser],” “With the support of [advertiser],” “I received these products as a gift from [advertiser],” or “Thanks to [advertiser] for sending me these products.”
2. Photo and message-sharing platforms (e.g., Instagram, Facebook, Twitter/X): Posts must include at least one of the following, together with the advertiser’s name, brand, or business name: #Advertisement, #Advertisement/Promotion, #Sponsored, #Collaboration, #Partnership, “In collaboration with @[advertiser],” “Provided by @[advertiser],” or “Gifted by @[advertiser].”
3. Podcast platforms: At the beginning, middle, and end of the broadcast, include at least one written and verbal statement such as: “This podcast contains advertising about [advertiser],” “This podcast is a paid collaboration with [advertiser],” “With the support of [advertiser],” or “I received the products (mentioned in my podcast) as a gift from [advertiser].”
4. Platforms with short-lived content (e.g., Snapchat, Instagram Stories): While the content is accessible, include at least one of the following with the advertiser’s name, brand, or business name: #Advertisement, #Advertisement/Promotion, #Sponsored, #Collaboration, #Partnership, “In collaboration with @[advertiser],” “Provided by @[advertiser],” or “Gifted by @[advertiser].”

Advertisers must inform influencers of the Guideline and applicable legislation, ensure that influencers and any third parties comply, make necessary efforts to fulfill these obligations, and take measures against violations. The Guideline states that advertisers cannot avoid responsibility by claiming that influencers act independently. If the advertiser proves full compliance with all obligations, the Board will deem that due diligence has been exercised.

Prohibited Practices

The Guideline requires transparency and integrity in influencer posts. Advertising content must be clear, understandable, and easily distinguishable, and influencers must avoid covert or manipulative methods that conceal the promotional nature of content.

Violations include:

• Promoting a product as if it has been personally used when it has not.
• Presenting gifted or sponsored products as if personally purchased.
• Making statements that include health claims in breach of applicable rules.

Such practices blur the line between genuine user experience and advertising, mislead consumers, and erode trust. Compliance protects both consumers and market integrity.

Implementation

The Board supervises influencer promotional activities. Under Article 63 of the Law, if advertisements are misleading, deceptive, or exploitative, the Board may order suspension and impose administrative fines on responsible parties. This authority protects consumer rights, market order, and fair competition.

Illustrative Decisions:

• An influencer directed followers to a business’s account via Instagram without any disclosure. The Board found covert advertising and ordered suspension of the activity.[1]
• An Instagram Story for brand “X2” used a disclosure in very small, barely noticeable font and embedded the product within a personal narrative, creating a covert setup. The Board found violations of the Guideline, the Regulation, and the Law, and ordered suspension.[2]
• An influencer’s account included posts tagging corporate accounts of various brands, directing users to official pages without disclosures such as “advertisement” or “collaboration.” The Board deemed this covert advertising, imposed a fine of TRY 155,712, and ordered suspension.[3]

Under Article 12 of the Guideline, advertisers, advertising agencies, media service providers, and influencers are each individually responsible for compliance. The Board may decide to apply administrative fine to both influencers and advertisers.

Conclusion

Influencers now play a central role in digital marketing, reshaping advertising practices while raising risks of consumer deception. In Turkey, the Law, the Guideline, secondary legislation, and Board decisions set out the key principles and obligations governing influencer advertising. Influencers must create content with awareness of their legal responsibilities to ensure compliance and sustain consumer trust. As digital advertising evolves, the legal framework should be reviewed and updated to remain effective.

References

(Only in Turkish) Advertising Board, File No. 2022/1863, Meeting No. 327. (2022, 11 08). Retrieved from https://www.lexpera.com.tr/ictihat/reklam-kurulu/d-no-2022-1863-t-sayisi-327-t-tarihi-8-11-2022-1

(Only in Turkish) Advertising Board, File No. 2022/4782, Meeting No. 327. (2022, 11 08). Retrieved from https://www.lexpera.com.tr/ictihat/reklam-kurulu/d-no-2022-4782-t-sayisi-327-t-tarihi-8-11-2022-1

(Only in Turkish) Advertising Board, File No. 2022/5738, Meeting No. 330. (2022, 02 14). Retrieved from https://www.lexpera.com.tr/ictihat/reklam-kurulu/d-no-2022-5738-t-sayisi-330-t-tarihi-14-2-2022-1

(Only in Turkish) Guideline on Commercial Advertisements and Unfair Commercial Practices Conducted by Social Media Influencers. (2021). Retrieved from Republic of Turkey Ministry of Trade: https://tuketici.ticaret.gov.tr/duyurular/sosyal-medya-etkileyicileri-tarafindan-yapilan-ticari-reklam-ve-haksiz-ticari-uyg

(Only in Turkish) Law No. 6502 on Consumer Protection. (2013, 11 28). 54(28835). Official Gazette. Retrieved from https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6502&MevzuatTur=1&MevzuatTertip=5

Korkmaz, A. (2022). (Only in Turkish) Sosyal Medya Etkileyicilerinin Yaptığı Tanıtımların Örtülü Reklam Yasağı Bakımından Değerlendirilmesi. Türkiye Barolar Birliği Dergisi(160). Retrieved from https://tbbdergisi.barobirlik.org.tr/m2022-160-2054