Advertising on TV Broadcasting Under Turkish Law
1. General Information on Broadcast Media Advertising & Online Advertising
The main pieces of legislation governing broadcast media advertising are the Law no. 6112 on "Establishment of Radio and Television Enterprises and their Media Services" (“Media Law”) and the Advertisement Regulation of Radio and Television Authority of Türkiye.
As per Media Law, advertisements and tele-shopping in television and radio broadcasting services have to be broadcast in a manner that is easily distinguishable from the rest of the elements of the broadcasting programme services, by way of the use of audio or visual warnings. Broadcast media advertisements are also within the scope of Regulation on “Commercial Advertisements and Unfair Practices“, thus advertisements and tele-shopping must be made in compliance with this regulation.
Online advertising is subject to “Consumer Protection Law” and “Commercial Advertisement Regulation”, which are the main legislation with respect to advertisement rules. The Advertisement Board regulates the compliance of advertisements in all media, except for specific broadcasting rules that are governed under Media Law. In addition, all online broadcasts in Türkiye are subject to the Law No. 5651 on “Regulating Broadcasting in the Internet and Fighting against Crimes Committed through Internet Broadcasting”. If the content of an online broadcast, including online advertising, constitutes specific crimes that are listed in this law, access to this website could either be banned by the Information Technology and Communication Authority or by the court, depending on the type of case and urgency.
2. Limitations Regarding Maximum Advertising Time, the Advertising of Alcoholic Beverages, Crypto Exchange, On-Line Sport Betting
The Regulation on “Audit of Commercial Communication Revenues Received by Media Service Provider Organizations and Regarding the Declaration and Payment of the Shares of the Supreme Council to be Paid on These Revenues And Procedures” defines media service providers, radio and television advertisements, programme support, teleshopping and product placement, including any natural or legal person in an economic activity, product, service, or image, designed to promote, directly or indirectly, a fee or tone or silent images with a similar response, with or placed into a programme or a programme for the purpose of self-promotion in exchange for the issuance of commercial communication income as revenues over the cost of specified commercial communications. Media service providers collect their commercial communication revenues in each calendar month must be declared by the last day of the following month. 1.5% of the monthly gross commercial communication revenues should be paid as the share of the RTÜK.
The proportion of all kinds of advertising broadcasts, except for tele-shopping broadcasts, cannot exceed 20% (twenty percent) within the broadcast from the beginning of one (1) hour to the beginning of the next hour. Regardless of this time, with an audible and visual warning by stating clearly, tele-shopping broadcast can be made for at least fifteen minutes without interruption. The duration of this broadcast cannot exceed a total of one (1) hour in one day.
Public service announcements that are broadcast free of charge and recommended by the RTÜK are not included in the advertising periods. Also, advertising and tele-shopping broadcasts cannot be placed in the religious ceremony broadcast in any way.
Commercial communication for alcoholic beverages and tobacco products is not allowed in any way it cannot be given. The Law no 4207 on “Prevention and Control of Damages of Tobacco Products“ prohibited the use of tobacco products in music videos, advertisements and promotional films, and works shown in cinemas and theaters, and also the display of their images for advertising purposes in television programmes, movies, serials, music for commercial purposes or on the internet, social media or similar media that are open to the public. Broadcasters on any platform and level should commit to showing the necessary sensitivity in the fight against all types of addiction, especially alcohol, tobacco products, narcotic substances, and gambling.
According to the Law no 7258 on “Football and Other Sports Competitions, Organization of Betting and Games of Chance”, it is a crime to play fixed odds and joint betting, or games of chance based on sports events without the necessary permission and licenses. According to the relevant law, fixed odds or joint bets or luck based on sports events and advertising illegal bets, those who encourage them to play their games are punished with imprisonment from one year to three years and a judicial fine of up to three thousand (3.000) days. As a result, advertisements cannot be made for those who offer online betting and gambling services, except for a limited number of legal betting channels which are İddaa, Nesine and Misli.
There is no limitations and relevant regulation for crypto exchange advertising yet.
Among the broadcasts made by broadcasting organizations residing abroad and transmitted by satellite and cable operators in Türkiye, advertisements and teleshopping broadcasts of products that can be broadcast according to the legislation of the country in which the organization broadcasting abroad are located but prohibited by the Law and this Regulation cannot be broadcast.
Tagged with: Alper Law Office, Onur Alper, Media & Entertainment, Serenat Baytan