Turkish Advertising and Media Law in Turkey

The advertising industry is an issue that has become more important with the development of the internet environment and the development of applications. Advertising can be done in any field. However, advertising in some business areas is subject to certain conditions, and advertising in some business areas is prohibited. Advertising law is a situation that covers the general issues, agreements, regulations or situations made in this field. Advertising is not made freely. Just as every field of law has its own law or regulation, there are also certain regulations in the advertising industry. Consumers and companies should know incomplete information about their rights. There should be legal regulations on issues such as unfair competition and different pricing. The branch of law dealing with this issue is advertising law. He is an Istanbul advertising law attorney who is an expert on this subject. Our law firm provides full support to its clients in all matters with its expert lawyers.

General Principles of Advertising Law

There are three organizations that regulate and supervise this sector in our country. These; Advertising Board, Advertising Self-Regulatory Board, Radio and Television Supreme Board. These institutions carry out the necessary examinations and inspections. Before presenting the necessary information in the field of advertising law, it is necessary to know what the concept of advertising covers and which subjects it includes. In this context, the elements that the concept of advertising carries / covers are as follows.

Promotion is the first element covered by the concept of advertising. In order for a transaction, product or service to be included in the concept of advertisement, the transaction must be promoting the transaction, product or service in question. What makes the promotion important is that the promotion process only targets the potential consumer, not the entire public.

Commercial purpose is another element that we can consider in the context of our advertising law attorney service and is among the elements covered by the advertisement. The most basic reason for promoting a product or service in an advertisement is to earn commercial income. With the promotion of the product or service, it is aimed to increase the sales of the product or service and to increase the profit margin in this context. In this context, it is possible to say: All of the elements that make up the advertisement are interconnected. For example, it is not possible to have a commercial purpose without advertising, and it is not possible to advertise without a commercial purpose. In this direction, both situations will lose their meaning.

Another element that can be considered under the name of “elements of advertising” in the context of advertising law is the element of the will to advertise. In order to be able to talk about a transaction as an advertisement, the information or promotional transaction in question must have been made with the will of the advertisement. In other words, it is also possible for people to promote their product or service without advertising. For this reason, another element that has taken its place among the indispensable elements in the context of advertising law is the presence of the will to advertise.

Comparative Advertising Law

Comparative advertising law is an important issue due to the comparison of advertising types. It is a type of law in which unfair competition is tried to be eliminated. In this type of law, it is aimed to prevent unfair trade. Comparative advertising law is a law applied to prevent problems arising from situations such as not being an advertisement deceiving the consumer, the advertisement being correct and correct, being original, the goods being in the same condition everywhere, the absence of disparaging conditions for the advertisement or similar products, the fact that another firm is not enriched because of its reputation. method. It has brought commercial regulations in the context of Turkish Commercial Law on comparative advertising law. These need to be taken into account. In case of disregard, penalties are applied. Since the fines are high, it is very important to get support from an Istanbul advertising law lawyer.

Digital Advertising Law

Our digital advertising law attorney service covers situations related to social media. Advertising in digital media is also subject to certain regulations. Unfair competition, forgetting the existence of the consumer, the regulation of advertisements made in the digital environment for the sole purpose of gaining profit are examined under this heading. Advertising is not an impromptu process. Conditions such as the price of the goods, profit, etc. Today, most of the advertising is done in the digital environment. Problems and confusion take place in these environments. If these advertisements are not regulated, the concept of consumer disappears. This is why it is such an important issue. Unfair competition and observance of consumer rights is the duty of this area of ​​law. The sweepstakes made by social media phenomena for advertising purposes can be evaluated within this scope.

Commercial Advertising and Unfair Commercial Practices Regulation

The first thing that can be said in the context of the Commercial Advertising and Unfair Commercial Practices Regulation is as follows; The said regulation has emerged based on the provisions of the Consumer Protection Law No. 6502. It is possible to say that this regulation entered into force after its publication in the Official Gazette on January 10, 2015. Details regarding the regulations regarding advertisements and advertisement law in the said regulation are as follows.

Ads must be distinctive. An advertisement should be clearly understandable because it is an advertisement. In this context, the medium and format of the advertisement in question is of no importance, openness is fundamental. It is not possible to publish advertisements that are published in a very short time and that refer to their subconscious minds in a way that people cannot distinguish. Again, within the scope of advertising law, if the word, music or image in an advertisement is taken or adapted from another place, it should be recognized as soon as it is considered that the said image or sound covers the advertisement.

Advertisements must comply with the relevant regulation and law. The advertisements that are requested to be published must be prepared with social responsibility and economy awareness, and in this context, they must contain regulations that will not result in unfair competition conditions. In the context of our advertising law attorney services, it is possible to say that the advertisements designed and published should not mislead the consumer. Necessary criminal sanctions will be applied for advertisements that abuse the trust of the consumer. Again, while advertising, any sentence, image or sound used in the content of the advertisement must not denigrate or humiliate another person, institution or organization. In this context, it is not possible to include the name, logo or emblem of a person, institution or organization in advertisements.

Compared advertisements, the details of which are given above, are not prohibited as a rule, but this situation is subject to a limitation. The mentioned limitation is given above. It is not possible for an advertisement to denigrate or humiliate another company, person or organization, even if this advertisement is a comparative advertisement. While making comparative advertisement, the mentioned elements should be taken into consideration as per the advertisement law.

Advertising Law and RTÜK

RTÜK, which stands for Radio and Television Supreme Council, is an institution that has the authority to supervise radio and television. The main reason why private broadcasting organizations are subject to an audit is the protection of social values, which are important in the context of advertising law.

RTÜK’s powers are not limited to supervising radio or television broadcasts. In this context, in addition to the supervision of individuals, institutions or organizations that do not take into account the situations in the law and make broadcasts contrary to the advertising law, it is also among the powers of RTÜK to impose sanctions.

Advertising Board

In the context of our advertising law attorney service, the definition we can make about the advertising board is as follows;

“The advertising board was established to protect the consumer and competition under the Ministry of Industry and Trade. “

As can be seen, the main reason for the establishment of the advertising board is to protect the consumer and competition. The activities carried out by the Board are based on the Law on the Protection of the Consumer No. 4077. The main reason for this is to determine the general rules of business ethics and in this context, the advertising trade is carried out in accordance with the law.

The fact that the advertisements made by the Advertising Board and the producer companies are made in accordance with the relevant regulations and laws prevents the consumer from facing any goodwill abuse in this context. Again, it is possible to eliminate the wrong or incomplete information situation faced by the consumer with the Advertisement Board.

As is known and accepted by everyone, the advertising industry is a versatile industry. In this context, it is possible to introduce any kind of product or service. The fact that it is versatile and does not contain any restrictions on promotion in this context has brought along the existence of malicious sellers and manufacturers as well as well-intentioned sellers / producers. Malicious sellers are restricted and in a way prevented from advertising in the context of advertising law. However, it is known that some sellers find a way to abuse goodwill. For this reason, it is possible for consumers to seek their rights and to demand the elimination of possible grievances that may arise in this context, upon the presence of any misleading information and malicious intent in the advertisement.

Another legal area in which Advertising Law is closely related is Intellectual Property Law. An advertisement will benefit from the protection of Intellectual Property Law if it is original. We attach great importance to this issue in our Advertising Law attorney and consultancy service.

Our advertising law attorney and consultancy service, on the other hand, is a service offered to eliminate the grievances of people who have suffered due to misleading information and bad faith elements in advertisements. If you, too, have suffered a misconception due to advertising and you want your grievance to be eliminated, you can contact us and request attorneyship and consultancy services.

As Istanbul Advertising Law Attorney, we provide consultancy services to Turkish and Foreign companies in the context of advertising law. At the request of our clients, we can intervene in lawsuits as well as provide legal opinions. Istanbul Advertising Law Attorney provides full support to his clients in all matters.