In Journal dated January 2022, published on 03.02.2022, the Board of Advertisement stated that it is not sufficient to include advertising phrases such as cooperation or partnership while linking, by not complying with the relevant legislation, in the decision of Influencer Duygu Özaslan. In addition, it has imposed an administrative fine of 114,326 TL and a penalty of stopping the aforementioned advertisements, because of the phrases must be in an easily readable size and the advertisement sharing is not at a level that can be understood by the consumers at first glance due to the interface design and technical features of Instagram.
With this decision, the Board of Advertisement underlined that influencers’ product promotions on social media should be large enough to be noticed by the consumer at first glance, taking into account the necessary advertising tags as well as the technical characteristics of the social media channel.
In order not to face penalties due to advertisements made on social media;
- Advertisements made through social media influencers must be clearly and understandably expressed and distinguishable.
- Social media influencers should include labels and statements such as #Advertisement, #Sponsor, #Collaboration, #Partnership in video sharing channels such as Youtube and Instagram TV, photo and message sharing channels such as Instagram, Facebook, Twitter, podcast channels, and Snapchat and Instagram stories where they can only be seen for a short time.
- Tags and descriptions used by social media influencers;
- It should be distinguishable from the colors and background used in the sharing and should be in an easily readable size.
- It should be stated in such a way and position that the sharing is understood as a commercial advertisement, without the need for consumers to do anything else when they first encounter the sharing.
- In case other tags or descriptions are included in the post, these tags or descriptions should be indicated visibly.
- It should be presented in a way that can be noticed by consumers at first glance, taking into account the interface and technical characteristics of the medium where the sharing takes place.
Obligations of Influencers
Influencers;
- They should advertise a product or service they have tried before.
- Should not make a health declaration regarding a good or service in violation of the relevant legislation.
- Don’t refer to the goods or services offered by doctors, dentists, veterinarians, pharmacists and health institutions and must not promote such goods or services.
- It should not make claims about scientific research and test results related to a good or service that are objective, measurable, not based on numerical data and cannot be proven.
- Should not create the impression that he/she has purchased a good or service given to him/her by the advertiser.
- Must not create the impression that he/she is a mere consumer while he/she receives financial gain and/or benefits such as free or discounted goods or services from any advertiser regarding the commercial advertisement of a good or service.
- In the commercial advertisement of any commodity, it should clearly state that the image is filtered if it uses effects or filtering applications.
- Systematically mass-create and/or use false or non-existent identities to communicate about a good and/or service via social media.
Obligations of Advertisers
Advertisers on social media:
- Inform the influencers about the regulations of the Guide,
- It should demand influencers to act in accordance with the Guidelines and relevant legislation.
- Influencers should warn third parties they allow to work with, about the regulations of the Guide.
- Influencers should strive to fulfill their obligations and take precautions against violations. Therefore, advertisers have additional lighting obligations.
Conclusion: It is very important for Influencers to check the relevant regulations in the Guide on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers, current decisions and the Commercial Advertising and Unfair Commercial Practices Regulation regarding their advertising activities. Only social media influencers will not be liable in case of sharing with advertising content in violation of the Guidelines. In accordance with this guide, advertisers, advertising agencies and influencers are individually responsible.