Digital Law Guide For Content Creators

Monetary benefit

Money, commission, profit share or any other form of financial gain.

Benefit in kind

Free or discounted products/services, affiliate links, free shipping, discount codes or gifts provided within the scope of a collaboration.

Opportunity to participate

The opportunity to participate in prize draws, competitions and campaigns organised by the brand, or in accommodation, invitations and events.

In brief

Where there is a benefit, there is advertising. The benefit need not be monetary; a gifted product, an invitation or a discount code likewise renders the post an advertisement.

1. Contravention of public order and encouragement of dangerous use

Statements/visuals contrary to public morals or public order; content encouraging or condoning violence or unlawful or dangerous use.

Incorrect: Promoting an energy drink in a “challenge” video in which it is mixed with alcohol and excessive speeding takes place.

2. Discrimination and infringement of personal rights

Disparagement, discrimination and prejudice on the basis of language, race, colour, gender, political opinion, belief, religion or sect; expressions that undermine human dignity.

Incorrect: “This product is a man’s job.”, “Women who do not use this product look unkempt.”, “Even disabled people can use it easily.”

3. Exploitation of vulnerable groups, and exploitation of fear and superstition

Content exploiting patients, children, the elderly and disabled persons; content exploiting consumers’ fears or superstitious beliefs.

Incorrect: “Anyone who does not wear this amulet suffers great misfortune.”, “If you do not buy this product, your risk of illness increases.”

4. Unauthorised reference to another person’s private life

Use, without prior consent, of images or statements concerning another person’s private/social life; portraying a person as having personally endorsed the product.

Incorrect: Sharing a person’s home/vehicle without their consent so as to create the impression that “brand X was their choice too”; carrying out promotion in a restaurant while other customers are clearly shown.

5. Denigration and ridicule

Denigration or ridicule of a person, institution, commercial or professional activity, good, service or brand.

Incorrect: Naming a competing brand and targeting it as “rubbish, a scam”.

6. Misleading use of images of illness and injury

Inclusion of images of illness, accidents and injuries in a manner that causes public anxiety or is misleading.

Incorrect: “Those who do not use this supplement are bound to fall ill in winter.”

Food supplements

Vitamins and food supplements may be advertised; however, no misleading information may be given as to their effects, no impression may be created that they replace a normal diet or a medicine, and no promise of treatment comparable to that of a medicine may be made. Incorrect: “This supplement definitely strengthens the immune system.”, “This tea removes oedema and makes you lose weight.” Correct: “The product supported my immune system; however, this is a food supplement and does not replace a normal diet.”

1. Presenting an untried product as having been tried

Promoting a product that has not yet been experienced in a manner creating the impression among consumers that it has been “used and approved”. Correct approach: “It has just arrived; the following features are promised, and I will share my experience in due course.”

2. Health claims contrary to the legislation

Claims of the type “treats, cures, eliminates the illness”. Incorrect: Promoting a herbal tea as “lowering blood pressure and curing depression”.

3. Unsubstantiable scientific claims

Test/research claims not based on objective, measurable and verifiable data. Incorrect: Stating, without any source, that “it proved 98% effective in clinical tests”.

4. Directing consumers to health professions

Directing consumers to, or promoting, the goods/services offered by physicians, dentists, veterinarians, pharmacists and healthcare institutions. Incorrect: “Go to this aesthetic clinic, my discount code is X.”, “The product recommended by doctors.”

5. Presenting a gift as having been purchased

Sharing a product sent by a brand as “I bought this for myself today”. Correct: “Advertisement — Thanks to @brand for sending the products.”

6. Creating the impression of being “merely a consumer”

Presenting oneself as an impartial and independent consumer throughout the period in which a benefit is provided. Incorrect: Presenting the brand with which the collaboration is carried out in the tone of “I have no connection whatsoever, I tried it by chance and loved it”.

7. Creation of fake identities and engagement

Systematic mass creation/use of fake or non-existent identities for the purpose of communicating about a product; generating comments and likes through bot accounts.

Incorrect

– “Your friends will exclude you if you do not get this; have your parents buy it right away.”

– “Only TRY 99! Everyone can afford it.”

– “This toy really talks and will be your closest friend.”

– “Take down your opponent, win the game.”

Correct

– “For detailed information about the product, parents may review the product descriptions.”

– “Adult supervision is recommended when used by children.”

Incorrect

– Use of ambiguous, foreign-language or inconspicuous expressions such as merely “#recommendation”, “#invitation”, “#partnership”, “#sponsored”, “#collaboration”, “#ad” or “@brand x me”.

Correct

– Placing “Advertisement — @brand” or “Promotion — Thanks to @[brand]” in the most visible part of the post, so as to be read at first glance.

Providing accurate information (non-misleading)

Consumers may not be misled as to the nature, content, benefits, risks, place of manufacture, performance and quantity of the product; the seller’s trade name and powers; price and payment terms; delivery, exchange, return, warranty and after-sales services; or consumers’ statutory rights.

Incorrect: Describing an imported product made of blended fabric as “Turkish-made, entirely cotton”; presenting the right of withdrawal/return already granted by law as “a benefit exclusive to you”.

Correct: Obtaining confirmation of the supporting basis from the brand for technical claims of which one is not certain; the statement “the performance of the product may vary from person to person”.

Price and discount

The price must be the total sale price inclusive of all taxes and must be shown in TRY/₺. Where the advantage is subject to a condition (e.g. a minimum basket amount), the condition must be clearly stated; in instalment sales, the total price, the number of instalments and the instalment amount must be shown; and the campaign period or stock limit must be disclosed.

Former price rule: The “price before the discount” is the lowest price applied within the 10 days preceding the commencement of the campaign (1 day for perishable products). No impression of a greater discount than actually applies may be created.

Incorrect: Stating “a product worth TRY 5,000 for TRY 999 today!” where the product has been sold at TRY 1,200 over the last 10 days.

Correct: “Advertisement | @brand — A mini-size product is offered as a gift on purchases of TRY 1,000 and above, limited to … units in stock. The campaign is valid until …”

Comparative content

The name, brand, logo or distinctive elements of a competitor may not be included; the content may not be deceptive or denigrating. Only products serving the same need may be compared, on the basis of objective and verifiable characteristics.

Correct: “The battery life of this product is longer than that of alternatives in the same price segment.”

Prize draws, competitions and campaigns

The gift/prize must be identical to that promised and must meet reasonable expectations; the quantity of the gift, its period of validity, the commencement and end dates of the campaign and the delivery conditions must be disclosed.

Correct: “Advertisement — @brand. The prize draw will be held on 15 August; product X for 3 participants. Conditions of participation: …”

Environmental (“green”) claims

Claims such as “organic, environmentally friendly, natural, recyclable, carbon neutral” must be capable of being substantiated by documentation; it must be stated to which part of the product or to which life-cycle stage the claim relates; and certificates must be obtained from competent authorities, universities or accredited bodies.

Correct: “Advertisement | The packaging of the product is made from 80% recycled cardboard; no environmental impact claim is made in respect of the product as a whole.”

Use of filters and effects

Where an effect or filter is applied to the image in a product advertisement, it must be clearly stated that the image has been filtered.

Correct: Adding, in a visible manner, the note “a filter has been used in this image”.

Artificial intelligence and digital characters

The use of artificial intelligence is permitted. However, where artificial intelligence is used in a manner materially affecting the consumer’s purchasing decision, or where digital characters indistinguishable from humans are included, this must be stated in a clear, comprehensible and distinguishable manner.

Correct: Clearly adding the statement “this character / image / voice has been generated by artificial intelligence”.

Targeted (personalised) advertising

In advertisements shown to specific individuals following analysis of consumers’ online behaviour, location, history or demographic data, the criteria on the basis of which the advertisement is shown and the manner in which those criteria may be modified must be clearly notified. Targeted advertising based on the profiling of children is prohibited.

Correct: “You are seeing this advertisement because you may live in Istanbul, be interested in trainers and fall within the 18–35 age target group. You may change your areas of interest through your advertising preferences.”

Consumer reviews

Only reviews in respect of which the purchase can be verified may be used; a few selected positive reviews may not be highlighted in a manner distorting the overall picture.

Incorrect: Selecting 3 positive reviews from among hundreds of negative ones and presenting them as “users love it”.

The position of the content creator in targeted advertising

In organic posts, this rule generally concerns only the advertiser and the platform. However, where the content creator becomes part of the campaign (where the content is to be boosted as an advertisement, published as sponsored content or shown to specific target audiences), confirmation should be obtained from the brand that the targeting settings have been configured in compliance with the law.

×

“100% natural / truly natural / genuinely natural / the most natural / real / genuine / pure”

×

“100% additive-free / entirely additive-free / the most additive-free / contains no additives whatsoever”

×

Misleading use of “fresh”, “fresh from the oven”, “fresh from the garden” in respect of prepacked products

×

Expressions likening one product to another, such as “with the taste of … / the flavour of … / the pleasure of …”

×

Failure to state that a product is flavoured where the genuine substance is not present and only flavouring is used

×

“Homemade” in respect of an industrially produced product

×

Claims of superiority over competitors such as “the best / the highest quality / the tastiest on the market”

×

Animal-related connotations in vegan/vegetarian products (describing a plant-based drink as “oat milk”; promoting a vegan product as “tasting like meat”)

✓

Expressions such as “Natural”, “Fresh”, “Organic”, “100% organic”, “Traditional”, “Original”, “Additive-free / free from …”, “Contains natural colouring/flavouring”, “Caffeine-free / Lactose-free / Gluten-free”, “Suitable for vegans/vegetarians”, “Plant-based”, “Of plant origin”, “Contains no animal ingredients”, “Handmade”, “… style”, “Flavoured”, “Iced coffee / iced tea”, “Pork-free” may be used where a certificate or accreditation document evidencing their basis is available.

1

Have I obtained any benefit (money, product, discount, invitation) in consideration of this post? If so, the content is an advertisement.

2

Are the words “Advertisement” or “Promotion”, together with the name of the advertiser, legible in the most visible part of the post without any need to scroll? Do they appear in each item of serial content?

3

Have I actually used the product? If not, I make no claim of experience.

4

Is there any health claim, promise of treatment or unsubstantiable scientific/numerical claim?

5

Are the details of price, discount, instalments, stock and campaign period complete and accurate? Is the “price before the discount” the lowest price of the last 10 days?

6

Where a filter/effect or an AI-generated image, voice or character has been used, has this been clearly stated?

7

Are the environmental claims supported by documentation? Does the comparison include a competitor’s brand name or logo?

8

Where a child appears in the content or the content is directed at children, have peer pressure, encouragement to persuade and expressions trivialising the price been avoided?

9

Have the image, private life or property of third parties been used without consent?

10

Is the product one of the categories in respect of which advertising is absolutely prohibited (betting, weapons, tobacco, alcohol, medicines, fortune telling, etc.)?