The Regulation Amending the Commercial Advertising and Unfair Commercial Practices Regulation, prepared by the Ministry of Trade, was published in the Official Gazette and entered into force. With the amendment to the regulation, it is aimed to protect consumers more effectively against deceptive practices in the face of increasing advertisements and promotions driven by digitalization.
The regulation introduces new rules in many areas, from targeted advertising to advertisements created with artificial intelligence, from promotions by social media content creators to discounted sales advertisements.
Transparency requirement for targeted ads
Regulations have been introduced regarding targeted advertising practices, where advertising content specific to certain individuals or groups is presented by analyzing consumers' online behavior and personal data. Advertisers will be required to provide consumers with directly and easily accessible information about the criteria according to which the advertisement is displayed and how these criteria can be changed.
In addition, targeted advertising directed at children using profiling methods based on personal data has been completely banned.
Mandatory 'advertisement' label on social media posts
Social media content creators will clearly indicate that the content is an advertisement or promotion in their posts where they receive any benefit such as earnings, discounted products or services, or event participation. In this context, the use of the terms "advertisement" or "promotion" has been made mandatory.
Price transparency in discounted sales
Conditional sales advertisements will also be subject to the rules regarding discounted sales advertisements. In discounted sales advertisements, the lowest price applied in the last 10 days before the start date of the discount may be presented as the price before the discount, crossed out. For advertisements concerning perishable goods such as fruits and vegetables, and services, the price immediately preceding the discounted price will be taken as a basis.
Restrictions on ads with artificial intelligence
If digital characters indistinguishable from humans are used in advertisements using artificial intelligence technologies, it is mandatory to clearly, understandably, and distinguishably indicate this. Furthermore, advertisements that give the impression that a digital copy of a real person, created with artificial intelligence, has personally experienced a good or service or recommends it have been banned.
Environmental claims will require documentation
The use of general concepts and terms such as "environmentally friendly" in advertisements without explanation has been banned. Advertisements containing environmental claims will clarify which stage of the product's or service's life cycle the claim relates to. The certificates and approvals mentioned in these claims will also have to be proven with documents obtained from authorized institutions and organizations, relevant university departments, or accredited independent organizations.
Other important changes
While advertising food supplements in a way that gives the impression that they replace foods consumed as part of a normal diet has been banned, comparative advertising may be made on matters not covered by health claims.
The scope of the ban on service advertisements by fortune tellers, mediums, astrologers, and similar individuals has been expanded to include illegal games of chance.
The 72-hour response time granted to sellers or providers before the publication of consumer complaints has been reduced to 48 hours. Evaluations from those who do not respond within this period will be published directly.
The use of academic titles in commercial advertisements and announcements in a misleading and deceptive manner has been banned. Additionally, the publication of consumer evaluations obtained from channels where the purchase process cannot be verified will be prevented. If evaluations are published under different headings (such as product, service, delivery, seller), it will be mandatory to include all of them in the same area in a clear, understandable, and easily accessible manner.
The regulations will enter into force as of August 1.
