Legal Boundaries of Advertising and Recommendation Distinction in Social Media Posts
The legal nature of advertisements, collaborations, and recommendation expressions used in social media influencer posts is evaluated within the framework of the Law on the Protection of Consumers.
The legal nature of advertisements, collaborations, recommendations, and similar expressions used in social media posts is examined within the framework of Law No. 6502 on the Protection of Consumers and the decisions of the Advertising Board. The main issue is determining whether the posts constitute commercial advertisements or personal experience transfers.
Legal Framework of Social Media Advertisements
While Article 61 of Law No. 6502 on the Protection of Consumers establishes that commercial advertisements must be accurate and honest, it explicitly prohibits covert advertising. Advertisers are obligated to prove the accuracy of their claims.
The guideline adopted by the Advertising Board makes it mandatory for advertisements made through social media influencers to be clear, understandable, and distinguishable.
Posts Constituting Covert Advertising
It is important in the evaluation of covert advertising whether a post goes beyond the consumer's need for information to praise a specific product or direct them to purchase.
Directing to a brand without an advertisement or collaboration disclosure and sharing product links are among the recurring criteria in the Board's decisions.
Presentation Conditions for Advertising and Collaboration Expressions
It is required that commercial communication be understandable at the very first moment the consumer encounters the post, without the need for any further action.
Disclosures must be presented in a way that is distinguishable from the background, easily readable, and noticeable at first glance.
Legal Value of Recommendation and 'I Bought It Myself' Expressions
Presenting content as a recommendation does not eliminate its advertising nature if there is a commercial relationship or financial benefit with the advertiser in the specific incident.
It is accepted that an influencer cannot create the impression that they purchased a gifted item themselves.
Dimensions of Usage by Non-Influencers
Tag usages made by ordinary users do not, by themselves, create a commercial relationship that does not actually exist.
The determining element is whether there is a genuine commercial relationship behind the post, rather than the tag used.