- Chapter 1: The framework boiled down
- What are the relevant laws which regulate advertisement in your country?
- Which are the competent bodies to decide on the compliance with the local legislation on advertisement?
- Regulation of advertising via social media and influencers?
- What are the legal consequences (e.g. penalties) for non-compliance with the local legislation on advertisement?
- Chapter 2: Specific limitations
- Is adult content advertising allowed?
- Is alcohol advertising allowed?
- Is tobacco advertising allowed?
-
Is healthcare products advertising allowed?
- Prescription medication
- Supplements/vitamins
- Alternative medical treatments (such as chiropractic, cupping, acupuncture, massage, etc.)
- Advertisements for mental health professionals (such as counselors, psychiatrist etc.)
- Cosmetic surgery/procedures (such as cool sculpting, botox, rhinoplasty, breast augmentation, etc.)
- Is gambling advertising allowed?
- Is financial services advertising allowed?
- Is travel services advertising allowed?
- Is politically-related advertising allowed?
- Is it obligatory to use the official language in advertising?
jurisdiction
Chapter 1: The framework boiled down
1. What are the relevant laws which regulate advertisement in your country?
There are several pieces of legislation that regulate advertising in Turkiye. While Law No. 6502 on the Protection of the Consumer, Turkish Radio and Television Law No. 2954, Law No. 6112 on Establishment and Broadcasting Services of Radio and Televisions form the basis of the related legislation, the Commercial Advertising and Unfair Commercial Practices Regulation and the Advertising Board Regulation set forth the details of the matter.
2. Which are the competent bodies to decide on the compliance with the local legislation on advertisement?
The Advertising Board established under the Ministry of Commerce is the competent body that determines the principles of commercial advertising in line with Law No. 6502 on the Protection of the Consumer, monitors and supervises the related actions, and implements the regulated penalties.
3. Regulation of advertising via social media and influencers?
The Advertising Board has recently published the Guidelines on Commercial Advertising and Unfair Commercial Practices of Social Media Influencers in order to set out the general principles that must be adhered to by all parties involved in commercial advertising and commercial practices conducted by social media influencers.
4. What are the legal consequences (e.g. penalties) for non-compliance with the local legislation on advertisement?
The Advertising Board is entitled to implement various sanctions such as suspension, correction, an administrative fine or suspension for three (3) months as a precaution. The administrative fines vary depending on the characteristics of the advertisement (e.g. an advertisement on a local television channel, an advertisement in the form of a text message etc.).
Chapter 2: Specific limitations
1. Is adult content advertising allowed?
1.1 Adult content
No.
Publicly displaying obscene content and advertising obscene products constitute the crime of obscenity under the Turkish Criminal Code and persons who perform such actions will be subject to incarceration. Additionally, according to Law No. 6112 on Establishment and Broadcasting of Radio and Television Services, broadcasters cannot broadcast obscene content.
1.2 Pleasure products
No.
As above.
1.3 Dating websites/mobile applications
No.
Advertising related to all types of dating services are forbidden by the Commercial Advertising and Unfair Commercial Practices Regulation.
2. Is alcohol advertising allowed?
2.1 Beer
No.
According to the Regulation on the Procedures and Principles Regarding the Sales and Promotion of Tobacco Products and Alcoholic Beverages, any kind of advertisement or consumer promotion of alcoholic beverages is forbidden, including but not limited to campaigns and activities that promote the consumption and sales of alcoholic beverages.
2.2 Spirits
No.
As above.
2.3 Wine
No.
As above.
3. Is tobacco advertising allowed?
3.1 Cigarettes
No.
Any kind of advertisement or promotion involving the names, brands, trademarks or characteristic signs of the tobacco products and producers are forbidden according to the Regulation on the Procedures and Principles Regarding the Sales and Promotion of Tobacco Products and Alcoholic Beverages.
3.2 Electronic devices for smoking and supplements (such as tobacco sticks etc.)
No.
As above.
4. Is healthcare products advertising allowed?
4.1 Prescription medication
Partially.
As per the Pharmaceuticals and Medical Preparations Law No. 1262, advertising any kind of human medicinal products that constitute "medicine" as per the Law is forbidden. However, the Regulation on Promotional Activities related to Human Medicinal Products allows the narrow promotion of such products to health professionals on certain conditions and occasions.
4.2 Supplements/vitamins
Partially.
Apart from human medicinal products and medical equipment, any product which is put onto the market with a health declaration (any expression that indicates the product is directly or indirectly beneficial for the human health, effective against illnesses and symptoms, etc.) must obtain a permit from the Turkish Medicines and Medical Devices Agency. Additionally, advertising or promoting such products must be in line with the Regulation on Health Declarations of Products that are Released on the Market with Health Declarations.
4.3 Alternative medical treatments (such as chiropractic, cupping, acupuncture, massage, etc.)
No.
The Regulation on the Job Descriptions of Health Professionals and Other Professionals Who Work in Healthcare Services strictly forbids any kind of promotion or advertisement of any health professionals. Additionally, according to the Regulation on Private Establishments Where Acupuncture is Applied and the Application of This Treatment, such establishments cannot engage in competitive behavior. Also, the Regulation on Private Health Establishments Where Ambulatory Diagnosis and Treatments are Applied, such establishments are not allowed to advertise.
4.4 Advertisements for mental health professionals (such as counselors, psychiatrist etc.)
No.
The Regulation on the Job Descriptions of Health Professionals and Other Professionals Who Work in Healthcare Services strictly forbids all health professionals from any kind of promotion or advertising.
4.5 Cosmetic surgery/procedures (such as cool sculpting, botox, rhinoplasty, breast augmentation, etc.)
No.
As above.
5. Is gambling advertising allowed?
5.1 Online gambling
No.
The Commercial Advertising and Unfair Commercial Practices Regulation strictly forbids the advertising of any kind of illegal gambling and betting. Please note that apart from fixed-odds betting and chance games (e.g. lottery), gambling is forbidden in Turkiye.
5.2 Betting
Partially.
On condition that the establishment has been found in compliance with relevant regulations (i.e. the Regulation on Fixed Odds and Joint Betting Based on Sports Competitions), advertisements that do not urge people younger than eighteen years of age to bet, do not damage the moral values of the society can be made provided that the Presidency of the Spor Toto Organisation is notified.
5.3 Are state-run lotteries allowed?
Partially.
According to the Regulation on the General Directorate of National Lottery Administration Ticket Sales, Draws and Lottery Prizes, advertising that does not urge people younger than eighteen years to buy tickets and does not damage the moral values of the society can be made provided that the General Directorate of National Lottery Administration is notified.
6. Is financial services advertising allowed?
6.1 Banks (incl. bank accounts), credit and debit card services, insurances etc.
Yes.
In the advertising that includes interest and profit rates, the rates must be correct and all conditions that affect the total amount to be collected at the end of the term must be indicated.
Advertisements related to credit services must include the total cost to the consumers of the credit with brief monthly and annual percentages.
7. Is travel services advertising allowed?
7.1 Transportation
Yes.
Advertising transportation services is allowed under Turkish legislation.
7.2 Airbnb and similar home sharing/renting sites
Partially.
It must be borne in mind that daily or short-term home renting activities are subject to the obligation to receive a permit from the competent authority.
7.3 Concerts and other live events such as musicals, or sports games
Yes.
Advertising concerts and other live events (e.g. sports games, musicals) is allowed in Turkiye.
8. Is politically-related advertising allowed?
8.1 Issue-based advertising
Partially.
The Commercial Advertising and Unfair Commercial Practices Regulation forbids advertising involving any political views.
During the electoral period, which is announced by the Supreme Electoral Council, the political parties can broadcast advertisements until the pre-election restrictions are initiated.
9. Is it obligatory to use the official language in advertising?
No.
Even though several municipalities and the Turkish Standards Institute require business signs to be in Turkish, there aren't any restrictions on advertisements.