German court's fake advertising ruling opens a new era in digital law
A German court decision holding social media platforms responsible for fake advertisements sets a precedent in digital law while opening an important area of discussion for legal processes in Turkey as well.
While the direct accountability of social media platforms for fake ads published in Germany is considered a historic development internationally, experts stated that this ruling could also serve as a precedent for Turkey.
The Ruling of the German Court
A court decision issued in Germany over fake advertisements published on social media platforms has sparked a new debate in the field of international digital law.
Reflections on Turkey
Informatics Expert Hakan Topuzoğlu stated that well-known faces in Turkey also experience such grievances and that portals should be held responsible for advertisements. Topuzoğlu emphasized that implementing regulations similar to those in Germany is crucial for Turkey.
Legal Dimension and Defenses
Lawyer Kübra Pekel stated that social media giants can no longer protect themselves using the intermediary service provider defense against fake ads. The court ruled that the provider company is directly responsible for advertisements published on Facebook and Instagram.
New Obligations and Compensation
The court imposed three fundamental obligations: the immediate removal of fake advertisements, the payment of compensation to victims, and the transparent disclosure of advertising revenues. When platforms violate their duty of care, they will be held liable alongside the fraudsters.