Insights Media & Entertainment

"Sosyal Medya Etkileyicileri Tarafından Yapılan Ticari Reklam ve Haksız Ticari Uygulamalar Hakkında Kılavuz" çerçevesinde, sosyal medya etkileyicileri tarafından yapılan kılavuza uygun olmayan reklamların cezalandırıldığı görülmektedir. Örnek kararlara göre, markaların resmi hesaplarının etiketlendiği ancak reklam ifadelerine yer verilmediği, etiketleri tıklayan tüketicilerin markaların örtülü reklamına yönlendirildiği durumlarda cezalar verilmektedir. Reklam ifadelerinin açık ve okunabilir şekilde sunulması gerekmekte ve mevzuata uygun içerikler üretilmesi önem taşımaktadır.

The Advertising Board has imposed penalties on social media influencers for non-compliant advertising activities on platforms like Instagram. Examples of decisions regarding non-compliant advertisements made by social media influencers are provided. In one case, an influencer was fined and ordered to suspend advertisements for covertly advertising products without disclosure. In another case, the influencer received a penalty for not clearly presenting the collaboration statement. Tagging brands without including advertising phrases or making them easily noticeable resulted in penalties in another case. To avoid penalties, influencers should adhere to the Guideline and relevant regulations when creating content.

Non-fungible tokens (NFTs) have become increasingly popular in the art world, creating legal challenges for intellectual property law. The Law No. 5846 on Intellectual and Artistic Works (“the Law”) provides copyright protection to NFTs, and their financial rights may be transferred through written agreements. Financial rights include the right to reproduce, disseminate, represent, and transmit the work to the public, while moral rights are attached to the creator of the work and may not be transferred. NFT owners can benefit from financial rights under Turkish law unless specified in the sales agreement. Anonymity poses a challenge to copyright protection.

A non-fungible token (“NFT”) is a type of cryptocurrency that has emerged in the wake of the rapid development of digitalization, but questions remain as to how the rights to NFTs are protected under the law.

In the face of developing technology, a common question has arisen as to whether any works that are not specifically listed in the Law No. 5846 on Intellectual and Artistic Works may benefit from copyright protection.

In accordance with the decision of the Information Technologies and Communication Authority titled “Procedures and Principles Regarding Social Network Providers” published in the Official Gazette dated 01.04.2023, the obligations of social network providers and the procedures and principles regarding the implementation of these obligations have been clarified.

Reklam Kurulu Başkanlığı tarafından 08.11.2022 tarihinde yapılan 327, 13.12.2022 tarihinde yapılan 328, 10.01.2023 tarihinde yapılan 329 ve 14.02.2023 tarihinde yapılan 330 sayılı Kurul toplantıları kapsamında önemli noktalara işaret eden kararları bulabilirsiniz.

01.04.2023 tarihli Resmi Gazete’de yayımlanan Bilgi Teknolojileri ve İletişim Kurulu’nun 28.03.2023 tarihli Sosyal Ağ Sağlayıcı Hakkında Usul ve Esaslar başlıklı kararı uyarınca, sosyal ağ sağlayıcıların yükümlülükleri ile bu yükümlülüklerin uygulanmasına ilişkin usul ve esaslara açıklık getirilmiştir.

The Advertisement Board rendered a highly controversial decision in July 2022 concluding that the promotions published by a fashion company on the main page of its website under the title of “My Chosen Family” including the following statements “My Chosen Family: A chosen family consists of members who chose to support and love each other.

Social media advertising is mainly regulated under Consumer Protection Law and the Advertising Regulation in Turkey. In 2021, the Advertisement Board drafted Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers”, which was prepared based on the Consumer Protection Law to serve as a basis for examinations of commercial advertisements and unfair commercial practices run by Social Media Influencers.

Bilgi Teknolojileri ve İletişim Kurumu’nun “Sosyal Ağ Sağlayıcı Hakkında Usul ve Esaslar”ına ilişkin yeni kararı, 1 Nisan 2023 tarihinde Resmi Gazete’de yayımlanarak yürürlüğe girmiştir.

The Advertisement Board rendered a guiding decision in September 2022 with respect to the advertisements published by an international fashion company operating in Turkey as well in which some food products particularly like bread and doughnuts covered with colourful toppings were placed together with some attractive shoes and sandals offered for sale.

Meta, which has previously gained attention for its work on blockchain and Web 3.0, has even changed its name due to these studies. It was also eagerly anticipated what Meta would do after these major moves.

The new decision of the Information Technologies and Communication Authority on the “Procedures and Principles About Social Network Provider” was published on the Official Gazette and entered into force on April 1, 2023.

Pursuant to the Advertising Regulation, direct comparative advertising practice is considered unlawful as it is prohibited thereunder to mention the product name, trademark, logo, trade name, business name or other distinctive features of competitors in advertisements.

Until recently, there was no regulation specifically applicable for advertisements containing environmental claims. Absent a specific regulation, the Advertisement Board used to conduct its evaluation on such advertisements pursuant to the provisions included in the Advertising Regulation which states that advertisements must not abuse consumers’ environmental sensitivity or lack of knowledge in this field.

Advertising Regulation was amended in a way to include new measures and rules to regulate advertisements containing misleading price information and to protect consumers against unfair commercial practices.

Specific rules for consumer reviews and publishing consumer complaints were introduced into Turkish law by amendments made to the Advertising Regulation effective as of March 2022.

The traditional sanctions that the Advertisement Board used to apply were ordering administrative fine, correction decision and precautionary or temporary suspension decisions against advertisements which violate the legal rules for advertisements broadcasted in any media including internet.

With the Amendment of Income Tax Law and Certain Laws and Decree Laws published in the Official Gazette on 09.11.2022, significant amendments were made to the Decree Law No. 320 on National Lottery.