As of January 2024, there are 57.50 million social media users
in Turkey1, and digital platforms hold the largest share
of advertising investments at approximately 71.2% for the year
20242. Within these digital investments, social media
influencers account for 5%, underscoring their significant role in
shaping consumer behavior. Given the influence of social media
influencers on consumption patterns, the importance of adhering to
legal regulations concerning advertisements made by influencers on
social media becomes evident. To this end, various legal frameworks
have been established, including the Consumer Protection
Law, the Regulation on Commercial Advertisements
and Unfair Commercial Practices, and the Guideline
on Commercial Advertisements and Unfair Commercial Practices by
Social Media Influencers (“Guideline”), which
set forth rules governing advertisements by social media
influencers.
The Advertisement Board, established within the body of the
Ministry of Trade, closely monitors advertisements made by social
media influencers. According to the Ministry of Trade’s
Research Report on Advertising and Unfair Commercial Practices in
Digital Platforms3, 79% of the cases reviewed and
resolved by the Board in 2023 involved advertisements and practices
published on digital platforms. Data from various
sources4 indicate that, in the first eight months of
2023, the Advertisement Board imposed administrative fines
amounting to 89,059,840 TL for advertisements and similar content
shared online. Some of these penalties were directly issued to
social media influencers, while in other cases, penalties were also
imposed on advertisers or the platforms hosting the content,
alongside the influencers. These administrative sanctions often
arise from issues such as:
- Social media influencers promoting products or services through
hidden advertising without explicitly informing consumers that the
content is an advertisement. - Failure to use or properly display mandatory tags such as #ad,
#collaboration, or #sponsorship, as outlined in the Guideline. - Publishing content that violates the general provisions of
advertising law.
To enhance compliance by social media influencers with their
legal obligations and the regulations stipulated in the
legislation, the Ministry of Trade, the Ministry of Treasury
Finance and the Advertising Self-Regulatory Board, have in
collaboratively initiated the Responsible Social Media Influencers
Training Program5. The first of these bi-monthly
training sessions was held on November 25, 2024, and was open to
social media influencers with over 300,000 followers on
Instagram6. The session was attended by 71 influencers.
The training covered essential topics such as: consumer rights,
legal regulations on social media advertising, taxation of social
media activities, legal obligations, and Advertising Board
decisions. The second of these bi-monthly training sessions is
scheduled for January 9, 2025.
Participation in the training is not mandatory, nor is obtaining
a participation certificate a legal requirement to become a social
media influencer or operate in this field. Attendance is entirely
voluntary. The training aims to promote values of legal, ethical,
and responsible marketing communication. This training was met with
great enthusiasm by social media influencers, and the first session
met a high level of participation. Participants shared positive
feedback about the training, stating that they gained knowledge on
how to make their promotions and advertisements clearer and more
understandable as an advertisement, as well as how to effectively
communicate these to their followers and viewers. They also noted
that many of their uncertainties were resolved, and the Guideline
made it easier to comprehend the regulations. The positive
evaluations shared by many high-profile social media influencers
who attended the training and obtained certification are expected
to encourage other influencers to participate. As the training
becomes more widespread, it is anticipated to contribute to raising
awareness about the importance of being a responsible social media
influencer.
In conclusion, understanding and implementing legal regulations,
regularly following the decisions of the Advertisement Board, and
participating in training programs organized in this field are
crucial for social media influencers to prevent negative impacts on
both consumers and them. These efforts play a critical role in
gradually establishing and solidifying compliance with legal
frameworks.
Footnotes
1 Data Reportal , Digital 2024: Türkiye
(https://datareportal.com/reports/digital-2024-turkey)
2
https://www.rok.org.tr/sorumlu-sosyal-medya-etkileyicileri-egitimi/
3
https://ticaret.gov.tr/haberler/dijital-mecralarda-reklam-ve-haksiz-ticari-uygulamalar-arastirma-raporu-aciklandi
4
https://www.cumhuriyet.com.tr/ekonomi/fenomenlere-8-ayda-89-milyon-liralik-ortulu-reklam-cezasi-2251249
5 https://smeegitimi.com/
6
https://www.rok.org.tr/haberler/sorumlu-sosyal-medya-etkileyicileri-egitim-programinin-ilki-25-kasimda-gerceklesti/
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