Guideline on Commercial Advertising and Unfair Commercial Practices Conducted by Social Media Influencers (“Guideline”)

The Ministry of Trade published the Guideline on 06.05.2021, establishing the principles to be followed in advertising activities carried out through social media platforms by social media influencers (also referred to as “influencers”) and advertisers. Accordingly, the Guideline covers all commercial advertising and promotional practices directed at end-users/consumers by social media influencers, advertising agencies, and relevant organizations.

Pursuant to the Guideline, a social media influencer is defined as a person who conducts marketing activities through their own social media account for the purpose of selling, renting, informing, or persuading consumers regarding their own goods or services or those of an advertiser.

1. What Actions Are Prohibited for Social Media Influencers When Sharing Advertising Content?

When sharing advertising content, social media influencers:

• Cannot advertise a product or service by creating the impression that they have personally experienced it if they have not actually experienced such product or service;

• Cannot advertise products or services received as gifts by creating the impression that they purchased such products or services themselves;

• Cannot share advertisements as if they were ordinary consumers of the relevant product during the period in which they receive financial benefits, free products, or services from the advertiser;

• Cannot make health-related claims regarding goods or services or conduct promotional activities for goods and services provided by healthcare institutions, including doctors, dentists, veterinarians, pharmacists, and similar healthcare professionals;

• Cannot make claims regarding scientific research or test results concerning goods and services where there is no scientific evidence supporting such claims;

• Cannot systematically create and/or use fake or non-existent accounts in order to establish marketing and communication activities regarding goods or services.

2. What Should Social Media Influencers Pay Attention to When Sharing Advertising Content?

• Hidden advertising is prohibited. The important point is that the commercial nature of the content must be clearly understandable at first glance, and this must be explicitly indicated through labels or similar methods. In addition, if filters or effects are applied to the advertised content, this must be clearly disclosed.

• For posts made in exchange for financial benefits, discounted services, or free services provided by the advertiser, this relationship must be clearly stated depending on the platform used.

Accordingly, when publishing advertising content on each platform, at least one of the required disclosures must be included, and the placement requirements are as follows:

Platform TypeExamplesMethod of Indicating Advertising ContentRequired Statements/LabelsVideo Sharing PlatformsYouTube, Instagram TVWithin the video continuously, or in the title/description section, or at the beginning of the advertising segment, without requiring consumers to click a “read more” button“This video contains advertisements for [advertiser].”“This video includes paid cooperation with [advertiser].”“With the support of [advertiser].”“I received these products as gifts from [advertiser].”“Thank you to [advertiser] for sending these products.”Photo and Message Sharing PlatformsInstagram, Facebook, TwitterWithin or below the shared photo/message or in the description section, together with identifying information such as the advertiser’s name, brand, or trade name#Advertisement#Advertisement/Promotion#Sponsor#Collaboration#Partnership“Collaboration with @[advertiser]”“Provided by @[advertiser]”“Received as a gift from @[advertiser]”Podcast PlatformsSpotify, iTunesVerbally and/or in writing at the beginning, middle, and end of the broadcast“This podcast contains advertisements regarding [advertiser].”“This podcast consists of a paid collaboration with [advertiser].”“With the support of [advertiser].”“I received the products mentioned in my podcast as gifts from [advertiser].”Short-Term PlatformsSnapchat, Instagram StoriesTogether with identifying information such as the advertiser’s name, brand, or trade name throughout the duration of the post#Advertisement#Advertisement/Promotion#Sponsor#Collaboration#Partnership“Collaboration with @[advertiser]”“Provided by @[advertiser]”“Received as a gift from @[advertiser]”

3. What Are the Responsibilities of Advertisers?

Advertisers are responsible for informing social media influencers and third parties associated with such influencers about the above-mentioned requirements and for requesting compliance with the obligations stipulated under the applicable legislation, particularly the Consumer Protection Law and the Guideline.

Accordingly, advertisers cannot avoid these obligations by claiming that such requirements are imposed only on social media influencers.

However, if the advertiser proves that it has fulfilled the reasonable efforts expected from it in guiding the social media influencer to comply with the above-mentioned obligations, the advertiser shall be deemed to have fulfilled its responsibility.

Conclusion

As a result, social media influencers, advertisers, advertising agencies, and media/platform organizations are each separately responsible for complying with the provisions of the Guideline described above.

It should be noted that the obligations introduced by the Guideline have been prepared based on the Consumer Protection Law No. 6502, the Regulation on Commercial Advertising and Unfair Commercial Practices No. 29232, and the decisions adopted by the Advertising Board at its 309th meeting. Therefore, all relevant requirements must be evaluated as a whole.

Submitted for your information and consideration.