A new era in influencer advertising

Introduction

Social media influencers have come to exert significant influence over consumers' purchasing decisions. Unlike traditional advertisements, content published on Instagram, TikTok, YouTube, X, Twitch and similar platforms can be presented as everyday-life sharing, personal experience or independent recommendation.

For this reason, the core legal problem with influencer advertising is not that advertising takes place, but that the commercial relationship is concealed from the consumer.

Where an influencer presents a post as an independent consumer experience even though they have been paid by the brand, received goods or services free of charge, or had travel or accommodation expenses covered, this may constitute a misleading commercial practice capable of affecting the consumer's economic behaviour.

In Türkiye, influencer advertising was first assessed under the general advertising provisions of Law No. 6502 on Consumer Protection; in 2021, guidelines specific to influencers were published; and finally, with the amendment to the Regulation published in the Official Gazette on 1 July 2026, the rules on influencer advertising were incorporated directly into a regulatory instrument. These provisions entered into force on 1 August 2026.

The legal nature of this change is significant in itself: rules that since 2021 had been followed at the level of guidelines and principle decisions, that is, as guidance (soft law), have been moved into the text of a Regulation, a binding regulatory act within the hierarchy of norms. This has both strengthened the legal basis of Advertising Board decisions and increased predictability for advertisers and content creators.

This article first briefly explains the general approach in the United States and the European Union; it then examines, with examples, the historical development of the rules in Türkiye, the sanctions imposed by the Advertising Board, and the new rules that entered into force on 1 August 2026.

I. A brief comparative law overview

A. United States

In the United States, the principal authority overseeing influencer advertising is the Federal Trade Commission (FTC). Section 5 of the FTC Act prohibits unfair or deceptive commercial practices directed at consumers.

Under the Endorsement Guides (16 CFR Part 255) published by the FTC, most recently comprehensively updated in 2023, where there is a connection between the influencer and the brand that could affect the consumer's assessment, that connection must be clearly disclosed.

This connection is not limited to cash payment. The following benefits may also give rise to a disclosure obligation:

• Free products being sent

• Free travel or accommodation being provided

• Discounts being applied

• Commission being received on sales

• The influencer being an employee of the brand

• A family or personal relationship with the brand

The FTC requires the disclosure to appear within the post itself, in a form that is easily visible and understandable. A disclosure placed only in the profile bio, at the end of a long caption or among numerous hashtags is not considered sufficient. Clear terms such as "#ad", "advertisement" or "sponsored" are preferred.

One of the best-known examples of US practice is the SEC decision concerning Kim Kardashian. On the grounds that she had not disclosed, in the manner required by law, the payment of approximately USD 250,000 she received in return for a post about a crypto asset called EMAX, Kardashian agreed, under a settlement announced on 3 October 2022, to pay a total of USD 1.26 million. The decision is based on a settlement in which the charges were not admitted. Although this decision arises not directly from FTC rules but from US securities law, it shows that influencer advertising may fall within the remit of different regulators depending on the nature of the product.

B. European Union

There is no single influencer-specific regulation in the European Union; influencer advertising is assessed under consumer law instruments, above all the Unfair Commercial Practices Directive 2005/29/EC.

Editorial content whose commercial purpose is not clearly recognisable is listed in Annex I to the Directive among the commercial practices considered unfair in all circumstances. Accordingly, presenting content prepared in return for payment or another benefit as a personal opinion or independent recommendation may be unlawful.

Influencers who regularly collaborate with brands and carry on a commercial activity may be regarded as "traders" for the purposes of EU consumer law. In that case, the influencer becomes not merely the advertising face of the brand but a market actor directly subject to consumer legislation.

Under the EU approach, too, non-cash benefits such as free products, gifts, free travel, discounts, commission and event invitations must be disclosed.

In a joint investigation (CPC sweep) conducted by the European Commission and member state consumer authorities, hundreds of influencer accounts were assessed for the adequacy of their advertising disclosures. This shows that influencer content may be examined not only upon complaint but also in the course of collective, ex officio checks by public authorities.

II. The legal development of influencer advertising in Türkiye

The law on influencer advertising in Türkiye did not emerge on a single date. The rules developed gradually, from general consumer law provisions towards detailed influencer-specific rules.

The 2021 Guidelines were adopted on the basis of Law No. 6502 as principle decision No. 2021/2 at the Advertising Board's meeting No. 309 of 4 May 2021.

III. What was the legal position before 2021?

A. Scope of Law No. 6502

Before influencer-specific rules were introduced, social media advertising was assessed under Articles 61 et seq. of Law No. 6502 on Consumer Protection.

Under the Law, commercial advertisements must comply with the law, general morality, public order, personality rights, and the principles of honesty and truthfulness. Advertisements that deceive consumers, exploit their lack of knowledge or experience, or are capable of distorting their economic behaviour are prohibited.

Statutory definition of covert advertising — Article 61(4) of Law No. 6502

The inclusion, for advertising purposes and in a promotional manner, of names, trade marks, logos or other distinctive shapes or expressions relating to goods or services, or of trade names or business names, in articles, news, broadcasts and programmes without clearly stating that it is an advertisement is deemed covert advertising. Covert advertising in audio, written or visual form is prohibited in all means of communication.

Therefore, even though an influencer's obligation to use the word "advertisement" was not expressly set out, presenting a paid promotion as a personal opinion could constitute covert advertising or a misleading commercial practice under the general provisions.

B. The position under the 2015 Regulation

The Regulation on Commercial Advertising and Unfair Commercial Practices of 10 January 2015 elaborated the principle that an advertisement must be clearly distinguishable. Under the Regulation's basic approach, whatever its form and the medium in which it is published, it must be clearly understood that an advertisement is an advertisement.

This provision also applies to social media posts. Whether the post is a television advertisement, an Instagram Story or a TikTok video does not change its legal character.

Before 2021, the Advertising Board examined influencer content in particular under the following headings:

• Covert advertising

• Misleading health claims

• Unsubstantiated product claims

• Promotion of food and food supplements

• Advertising of aesthetic and healthcare services

• Steering consumers under the guise of personal experience

IV. The new framework introduced by the 2021 Influencer Guidelines

The 2021 Guidelines were the first specific and systematic set of rules on influencer advertising in Türkiye. The Guidelines set out the principles to be observed in consumer-facing commercial advertising and commercial practices carried out by social media influencers.

The Guidelines regime summarised below is important in illustrating the historical background. However, as of 1 August 2026, the flexible approach of the Guidelines on labelling has given way to the mandatory regime of Article 23/A of the Regulation; this difference is addressed separately in Section VIII.

A. Disclosure of the advertising relationship

Under the Guidelines, where the influencer obtained a benefit from the advertiser, such as financial gain or free or discounted goods or services, the commercial relationship had to be disclosed. Examples of acceptable disclosures included "#Reklam" (advertisement), "#Tanıtım" (promotion), "#Sponsor", "#İşbirliği" (collaboration), "In collaboration with @[advertiser]", "Provided by @[advertiser]" and "Received as a gift from @[advertiser]".

B. Visibility of the disclosure

The disclosure had to appear within the post, be understandable at first glance and legible, and not require the consumer to take any additional action. A disclosure lost among numerous hashtags, or the use of an abbreviation from which the consumer could not understand the advertising relationship, did not eliminate the legal risk.

C. The influencer's responsibility for content

Under the Guidelines, an influencer may not:

• present a product they have not tried as if they had used it,

• make definitive claims about results for a product whose effects they do not know,

• use claims that cannot be scientifically substantiated,

• breach the relevant specific legislation when making health claims,

• publish guidance received from the advertiser in an unlawful manner.

The defence that "the brand sent me this text" does not of itself relieve the influencer of liability. As will be seen below, this principle continues to apply unchanged in the new regime.

V. Sanctions and Advertising Board decisions before the new rules

The rules on influencer advertising are not merely theoretical provisions. The Ministry of Trade and the Advertising Board have intensified their scrutiny of social media posts, particularly since 2021.

A. Collective sanctions in 2023–2024

According to data published by the Ministry of Trade, administrative fines totalling TRY 1,352,808 were imposed on five influencers in 2023, and fines totalling TRY 5,035,994 on eleven influencers in the first six months of 2024. Over a period of approximately one and a half years, therefore, total administrative fines relating to influencers reached TRY 6,388,802. In the same period, administrative sanctions were imposed in respect of 77 social media accounts in 2023 and 50 in the first half of 2024.

At the Advertising Board's meeting No. 345 held on 16 May 2024, 110 of the 119 files examined were found to be in breach of the legislation, and administrative fines totalling TRY 13,744,459 were imposed, together with suspension orders in respect of various advertisements. Similarly, at the Board's meeting No. 348 of 13 August 2024, 128 of 138 files were found to be in breach; administrative fines totalling TRY 16,257,632 were imposed, together with suspension orders.

These amounts cover not only influencer files but also the other advertisements and commercial practices examined at those meetings.

The intensity of enforcement continued in 2026: according to a statement by the Ministry of Trade, the total administrative fines imposed by the Advertising Board in the first five months of 2026 exceeded TRY 122 million.

B. Individual sanctions for covert advertising

According to press reports, an administrative fine of TRY 550,059 was imposed on Şeyma Subaşı for failing to include the required advertising disclosures in social media posts relating to five different brands on various dates.

The significance of this amount is also notable in practice: TRY 550,059 is the maximum administrative fine that could be imposed in 2024 for advertisements published online (the same cap was TRY 347,128 in 2023). The fine was therefore set at the maximum.

Other publicly reported files show two separate legal problems arising together: on the one hand, failure to disclose that the post was an advertisement; on the other, the use of health, beauty or guaranteed-result claims in breach of the legislation within the advertising content. These two infringements typically arise together, particularly in the promotion of beauty centres, cosmetics and aesthetic services.

Accordingly, an influencer writing "Reklam" (Advertisement) on a post does not automatically make the content of the post lawful. For example, in a post such as:

Reklam – @ABC Clinic: This treatment definitively removes all blemishes in a single session.

even if the advertising relationship has been properly disclosed, the post will still be subject to sanctions if the "definitive result" claim cannot be scientifically substantiated or breaches healthcare legislation.

C. Illegal betting and gambling advertisements

The Advertising Board also issues decisions blocking access to social media accounts that direct users to illegal betting and gambling sites. At the Board's meeting No. 369 held on 14 May 2026, access-blocking orders were issued in respect of 16 social media accounts found to have advertised illegal betting and gambling. At the same meeting, 146 of the 156 files considered were found to be in breach of the legislation, administrative fines of approximately TRY 23 million were imposed, and access-blocking orders were issued in respect of a total of 17 advertisements.

This sanction can have more severe consequences than merely suspending a particular post on a social media account; blocking access to the entire account may come into play.

VI. Sanctions available to the Advertising Board

Under Articles 63 and 77 of Law No. 6502, the Advertising Board may, depending on the nature of the infringement, impose one or more of the following sanctions.

1. Suspension of the advertisement

The unlawful post may be required to be taken down or not to be republished. This sanction may affect not only the original post but also similar content used in the same campaign.

2. Correction of the advertisement

An advertisement containing misleading or incomplete information may be required to be corrected through the same medium and method in which the infringement occurred. For example, the influencer may need to remove a false statement such as "This product is approved by the Ministry of Health" or replace it with accurate information.

3. Administrative fine

Under Article 77(12) of Law No. 6502, in determining the amount of the fine, account is taken of the wrongfulness of the infringement, the size of the benefit obtained or damage caused, the degree of fault and economic situation of the offender, the medium of publication, the consumer audience reached, and whether the infringement was repeated. A failure to address these criteria specifically in the reasoning of the decision is one of the principal grounds of unlawfulness that can be raised in an action for annulment.

Fine amounts vary by medium and are increased each year by the revaluation rate. The 2026 amounts were determined on the basis of the 25.49% rate announced in the Tax Procedure Law General Communiqué (Serial No. 585), published in Official Gazette No. 33090, 27 November 2025. According to the Ministry of Trade's announcement, the 2026 caps are as follows:

In addition, for infringements repeated in the same medium within one year, the administrative fine may be increased up to tenfold. The fine amount in an older influencer decision therefore does not directly indicate the likely fine for the same infringement in 2026.

* These rates change every year; please check the current figures.

4. Access blocking and removal of content

For online infringements, the Board first notifies the addressee to remove the content within 24 hours. If the content is not removed despite the notification, an order blocking access to the content is issued for transmission to the Association of Access Providers. In advertisements for illegal betting, gambling and games of chance, blocking access to the entire account may also come into play.

5. Interim suspension

Where there is a likelihood of serious harm to consumers, an interim suspension order of up to three months may be issued before a final decision on the advertisement is made.

6. Public announcement of the decision

Advertising Board decisions may be published in press releases or on the Ministry's website. For the influencer and the brand, this creates a serious reputational risk in addition to the administrative sanction.

Burden of proof and allocation of liability

Under Article 61(6) of Law No. 6502, the burden of proving the accuracy of claims made in a commercial advertisement lies with the advertiser. In practice, because the central dispute in Advertising Board proceedings centres on whether a benefit relationship exists, cargo and delivery records, email and messaging logs between the parties, invoices and delivery notes, and bank account movements constitute decisive evidence.

Under Article 61(7) of the Law, advertisers, advertising agencies and media outlets are each separately obliged to comply with the legislation. The practical consequence is that the Board can impose separate sanctions on all three actors in respect of a single post. Because the influencer publishes the content from their own account, they are both the perpetrator of the infringement and the media outlet; the defence that "the brand instructed me to do so" does not eliminate the administrative fine. Recourse clauses in the contract have effect only in the internal relationship between the parties and cannot be invoked against the administration.

Under Article 78(2) of Law No. 6502, an action for annulment against Board decisions must be filed within thirty days from the day following notification. This special time limit takes precedence over the general sixty-day time limit under the Administrative Judicial Procedure Law. The competent courts are the Ankara Administrative Courts. Because filing an action does not of itself stay the enforcement of the act, a separate request for a stay of execution must be made in the petition.

VII. New rules introduced in 2026

The Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices was published in Official Gazette No. 33297, 1 July 2026; the amendment entered into force on 1 August 2026, giving stakeholders a one-month compliance period.

The amendment added Articles 23/A (social media influencers) and 25/A (targeted advertising) to the Regulation and amended Articles 4, 14, 17, 18, 27, 28/B and 28/C. As a result, the influencer advertising regime, previously administered largely through the Guidelines and Advertising Board decisions, has been set out in detail directly within the Regulation.

Definition of social media influencer (Article 4)

Under the definition added to Article 4 of the Regulation, a social media influencer is a natural or legal person who engages in marketing communication by sharing content on social media platforms aimed at promoting goods or services, directly or indirectly, on their own behalf or on behalf of an advertiser, and who converts that communication into any benefit.

Three elements of the definition are decisive in practice:

• Legal persons are also covered. Legal persons that carry out content production through a company, agency or production structure, as well as corporate accounts, fall directly within the scope of liability.

• "Indirect" promotion is also covered. Implicit steering that directs users to particular goods or services or implies product experience is subject to the rules even if the brand's name or logo is not visible.

• The benefit need not be monetary. Free trial products, personalised discount codes, accommodation, launch invitations and barter arrangements also count as benefits.

The legislation sets no minimum threshold in terms of follower numbers or reach. Every content creator who obtains a benefit in return for commercial promotion is within scope, even if their follower count is low.

Which posts count as advertising? (Article 23/A(2))

The Regulation lists, by way of example, the situations in which content is deemed to constitute commercial advertising:

• Directing users (by link, tagging, etc.) to the advertiser's goods or services or directly to the advertiser's digital channels.

• Obtaining monetary gain from the advertiser or being supplied with free or discounted goods or services.

• Sharing giveaway, competition or campaign content organised to promote the advertiser's goods or services.

• Posting after obtaining a benefit in return for attending an organisation, event or launch held by the advertiser.

Because of the words "in situations such as" in the provision, this list is not exhaustive. Every post that is not on the list but constitutes commercial communication based on a benefit relationship is subject to administrative oversight.

VIII. The new rules and practical examples

1. Mandatory label: only "Reklam" (Advertisement) or "Tanıtım" (Promotion)

The most important change in the new regime is the labelling standard. Article 23/A(3) of the Regulation has abolished the flexible wording options of the Guidelines era and established a two-tier, mandatory structure.

Article 23/A(3) of the Regulation

In advertisements made through a social media influencer, it is mandatory to include one of the expressions "Reklam" (Advertisement) or "Tanıtım" (Promotion). Together with these expressions, it is mandatory to include in the content the name or trade name of the advertiser, or one of the following statements: "Provided by @[advertiser].", "Thanks to @[advertiser] for sending me the products.", "Thanks to @[advertiser]."

Two conclusions follow. First, writing only "Reklam" or "Tanıtım" is not sufficient on its own; the identity of the advertiser must also be stated. Second, and more importantly, the tags widely used in the Guidelines era are no longer valid.

Adding the brand name at an illegible size or in a way that conceals it is also an infringement of Article 23/A. Where a tag not listed in the Regulation is used, the fact that the content was prepared in good faith or that the infringement was not intentional does not eliminate the administrative fine.

2. Visibility and position of the label (Article 23/A(4))

The new rules subject not only the presence of the label but also its formal and visual characteristics to mandatory requirements. Even where the label is present, posts that do not meet the following standards are deemed covert advertising:

• Contrast and legibility: The label must be in a colour clearly distinguishable from the background and the colours used, and of an easily legible size.

• Visibility at first glance: If the consumer has to scroll the screen or tap the "See more" button to notice the label, the rule is deemed breached.

• Priority rule: Where a post contains more than one tag or statement, the advertising label must appear before all of them.

• No overlap with the technical interface: The label must be placed in a position that does not overlap with the platform's technical icons, profile picture, username or on-screen lower-third text.

• Multi-frame content: Where content consists of more than one frame (story series, carousel), the advertising label must appear separately in each frame.

• Quoting and resharing: Moving a post to a different format (sharing a feed post as a story, quoting a reel) is legally an independent new post; the label must be added again.

Risky use

I've been following my new skincare routine for two weeks. I can't believe the change in my skin. The product's texture, scent and ease of use are excellent. For anyone who wants to try it, I'm leaving the link below… See more #skin #care #routine #reklam

There are two separate infringements in this example: the consumer can see the advertising disclosure only after expanding the text, and the label appears after the other tags.

Compliant use

Reklam – @ABC Cosmetics

I'm sharing my experience of the product I have been using for two weeks…

3. Disclosure in audio-only media (Article 23/A(5))

Because visual labelling is not possible for media presented in audio-only format, such as podcasts and audio chats, an audible disclosure obligation has been introduced. The broadcast must include the statement "contains advertising/promotion about [advertiser]".

The legislation does not consider a single announcement sufficient: the disclosure must be repeated twice, both at the very beginning of the broadcast and immediately before moving to the advertising segment. Giving a general sponsor thank-you at the start of the broadcast without making a separate announcement at the time of the advertisement is an infringement.

4. Event attendance also creates an advertising relationship, and points to watch

The new rules expressly take into account not only the receipt of payment but also the influencer obtaining a benefit by attending an event. The brand buying flight tickets, covering hotel costs, providing VIP transfers, giving concert or festival tickets, inviting the influencer to an overseas launch, and covering food and hospitality expenses all constitute economic benefits.

Even if posting about the brand, the vehicle or the event is not contractually required, a connection between the benefit provided and the post requires disclosure under advertising law. All stories, posts, videos and reels published during or after the event fall within this scope.

5. Free or discounted products must be disclosed

The fact that the influencer is not paid does not remove the advertising character of a post. Under Article 23/A(2)(b) of the Regulation, being supplied with goods or services free of charge or at a discount is expressly a benefit. The approach common in the sector, "the product came to me as a gift, so it is a personal post", has no basis under the legislation in force.

The following benefits give rise to a disclosure obligation:

• A free phone or electronic product

• Gifted clothing

• A free restaurant meal

• A discounted aesthetic procedure

• A free hotel stay

• A gifted flight ticket

• A free software subscription

• A vehicle provided for indefinite use

• Affiliate commission on sales

• A personalised discount code

The influencer is of course free to express their own views; what must be disclosed is not the opinion itself but the benefit relationship.

6. The tax dimension of gifted products must be assessed separately

Making an advertising disclosure does not remove the influencer's tax obligations. A product sent to the influencer and not returned, or a service provided, may have tax consequences, depending on the specific facts, in terms of income in kind, commercial income, self-employment income or social content creator income.

That said, it is not correct to take the categorical view that "tax is in every case payable directly on the full market value of the gifted product". The tax consequences depend on

• how the influencer conducts the activity,

• whether they benefit from the social content creator exemption,

• whether they operate through a company,

• whether the product is consideration for an advertising service,

• whether the product remains with the influencer,

• the invoicing and expense voucher arrangements,

and must be examined separately.

For example, if a brand transfers a phone worth TRY 100,000 to an influencer in return for promotional services, the transaction requires disclosure under advertising law, while under tax law it may be treated as an advertising service provided for consideration in kind. The influencer therefore needs to establish a record-keeping and documentation system that complies with both advertising law and tax legislation.

7. Advertisements created with artificial intelligence

The new rules subject the use of artificial intelligence to two separate regimes. Overlooking this distinction is likely to become one of the most common mistakes in practice.

a) Disclosure obligation — fictional characters (Article 18(8))

Where artificial intelligence or digital virtual characters indistinguishable from humans are used in advertisements in a way that affects consumers' economic decision-making, this must be stated in the content clearly, comprehensibly and visibly. The consumer must not be given the impression that the content features a real person or real footage.

However, making a disclosure does not render false or unsubstantiated product claims lawful.

b) Absolute prohibition — digital twin of a real person (Article 27(12))

Paragraph 12, added to Article 27 of the Regulation, prohibits the use of an AI-generated digital copy of a real person in advertisements that falsely give the impression that the person has personally experienced or recommends goods or services.

Such content does not merely give rise to administrative fines; it may also trigger liability for non-pecuniary damages for violation of personality rights towards the person whose likeness was used without permission (Article 58 of the Turkish Code of Obligations (TBK)), unfair competition towards competitors (Article 55 of the Turkish Commercial Code (TTK)) and, in serious cases, criminal liability for fraud and offences relating to personal data.

8. Targeted advertising and the absolute prohibition concerning children (Article 25/A)

Article 25/A, added by the Amending Regulation, gives targeted advertising, which is widely used in digital marketing, a direct legal framework for the first time.

Accordingly, clear and easily accessible information must be provided on the criteria (interests, location, search history, etc.) by which the advertisement is shown to the consumer concerned, and on how the consumer can change or switch off those criteria.

Article 25/A(3) of the Regulation

Where it is known, or may reasonably be expected to be known, that the consumer is a child, targeted advertising using profiling methods based on personal data may not be carried out.

This prohibition interacts directly with Law No. 6698 on the Protection of Personal Data (KVKK). Processing data indicating that a consumer is a child and using it for advertising targeting may give rise to sanctions both before the Advertising Board and before the Personal Data Protection Board (KVKK). Brands working with content creators whose audience consists predominantly of children (gaming, toy, education and cartoon channels) need to put their campaign design through a separate compliance review.

9. Changes concerning prohibited advertisements (Article 27)

A common misconception on this point needs correcting. Advertising of services provided by fortune tellers, psychics, astrologers and the like, and advertising of illegal betting and gambling, had already been absolutely prohibited under Article 27(3) of the Regulation since the amendment published in Official Gazette No. 30639, 28 December 2018. What the 1 July 2026 amendment did to this paragraph was to add the words "illegal games of chance" to the scope of the prohibition.

By contrast, the new paragraphs added to Article 27 have in effect broadened the scope of prohibited advertising:

• Article 27(10) — Food supplements may not be advertised in a way that creates the impression that they replace foods consumed as part of a normal diet.

• Article 27(11) — Medicinal products for human use, electronic cigarettes, tobacco products and alcoholic beverages may not be advertised.

• Article 27(12) — Advertisements in which an AI-generated digital copy of a real person is used so as to give the impression of experience or recommendation may not be made.

• Article 27(13) — Advertisements may not include information about awards that are not based on objective criteria announced in advance and that are granted in return for a benefit.

The last provision is particularly important for the use in influencer content of purchased award claims such as "brand of the year" or "best" badges.

In this context, an influencer may not advertise fortune-telling, psychic, magic, energy-cleansing or paid astrology consultancy services. By way of example, all of the following posts are unlawful:

Tanıtım – @XYZ Astrologer: 20% off birth chart consultations.

If your love life isn't improving, contact Psychic ABC. Guaranteed results!

My discount code for anyone wanting a fortune reading this week: GLB26.

Adding a properly formatted advertising label to such content does not change the outcome either, because the problem here is not that the advertisement is covert but that advertising of the service in question is prohibited.

By contrast, a documentary on the cultural history of astrology, a critical news report on fortune-telling services, an academic study or informative content warning consumers is not assessed in the same way, as long as it does not constitute commercial advertising.

IX. Short compliance table for influencers

The table below has been prepared according to the regime applicable after 1 August 2026. All of the suggested wordings contain both the mandatory label ("Reklam" or "Tanıtım") and the identity of the advertiser.

Conclusion

The legal development of influencer advertising in Türkiye has taken place in three stages. In the first stage, the general advertising provisions of Law No. 6502 and the 2015 Regulation were applied. In the second stage, influencer-specific disclosure and content rules were established by the 2021 Guidelines on Social Media Influencers. In the third stage, with the amendment to the Regulation of 1 July 2026, influencer advertising, AI content, event attendance and targeted advertising were brought directly within the scope of the Regulation.

The new rules have not created an entirely new area of law; they have broadened, and at certain points narrowed, the transparency rules previously applied through the Law, the Guidelines and Advertising Board decisions, and made them binding at the level of a regulatory instrument. The most notable narrowing is in labelling: the flexible repertoire of wordings of the Guidelines era has given way to a mandatory regime in which the label "Reklam" or "Tanıtım" is compulsory and the identity of the advertiser must also be stated.

Two points should be emphasised in practice. First, moving the rules to the level of a Regulation has largely neutralised the defence, frequently raised in the administrative courts, that "guidelines are not binding"; the focus of the defence should now be proportionality, insufficiency of concrete evidence and inadequate reasoning in setting the fine. Second, liability has not been divided between the advertiser, the agency and the media outlet but provided for separately and independently for each; brand–influencer contracts therefore need to be reviewed with regard to label templates, content approval processes and recourse clauses.

It is not enough for influencers to focus solely on writing "advertisement". Before each post, the following five questions should be answered individually:

1. Is there any monetary or in-kind benefit relationship with the brand?

2. Do the mandatory label ("Reklam" or "Tanıtım") and the advertiser's identity appear in a position the consumer will see at first glance and before all other tags?

3. If the content is multi-frame or reshared, is the label repeated in every frame and every new post?

4. Can the product and result claims used in the post be substantiated?

5. Is the advertised product or service subject to a specific advertising prohibition?

If the answer to any of these questions gives rise to legal risk, the post should be reassessed before it is published.

Sources

Legislation

• 6502 sayılı Tüketicinin Korunması Hakkında Kanun [Law No. 6502 on Consumer Protection] (Official Gazette No. 28835, 28 November 2013) — Articles 61, 62, 63, 77, 78

• Ticari Reklam ve Haksız Ticari Uygulamalar Yönetmeliği [Regulation on Commercial Advertising and Unfair Commercial Practices] (Official Gazette No. 29232, 10 January 2015), consolidated text — https://mevzuat.gov.tr/mevzuat?MevzuatNo=20435&MevzuatTur=7&MevzuatTertip=5

• Ticari Reklam ve Haksız Ticari Uygulamalar Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik [Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices] (Official Gazette No. 33297, 1 July 2026) — https://www.resmigazete.gov.tr/eskiler/2026/07/20260701-9.htm

• Ticari Reklam ve Haksız Ticari Uygulamalar Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik [Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices] (Official Gazette No. 30639, 28 December 2018) — amendment to Article 27(3)

• Vergi Usul Kanunu Genel Tebliği (Sıra No: 585) [Tax Procedure Law General Communiqué (Serial No. 585)], Official Gazette No. 33090, 27 November 2025 — revaluation rate for 2025: 25.49%

• 6698 sayılı Kişisel Verilerin Korunması Kanunu [Law No. 6698 on the Protection of Personal Data]

Advertising Board and Ministry of Trade

• Sosyal Medya Etkileyicileri Tarafından Yapılan Ticari Reklam ve Haksız Ticari Uygulamalar Hakkında Kılavuz [Guidelines on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers] — Advertising Board meeting No. 309 of 4 May 2021, Principle Decision No. 2021/2

• Advertising Board decisions and press releases — https://ticaret.gov.tr/tuketici/ticari-reklamlar/reklam-kurulu-kararlari

• Press release on Advertising Board meeting No. 345 (16 May 2024) — https://ticaret.gov.tr/data/5d1c9edd13b87615344cd4c8/_345_Reklam_Kurulu_Basin_Bulteni.pdf.pdf

• Decisions taken at Advertising Board meeting No. 369 (14 May 2026) — https://ticaret.gov.tr/haberler/ticaret-bakanligi-369-sayili-toplantisinda-alinan-reklam-kurulu-kararlari

• Announcement on the increase of administrative fines under Law No. 6502 from 1 January 2026 — https://tuketici.ticaret.gov.tr/haberler/6502-sayili-tuketicinin-korunmasi-hakkinda-kanun-kapsaminda-uygulanan-idari-para-cezalari-1-ocak-2026-tarihinden-itibaren-25-49-oraninda-arttirildi

Comparative law

• Federal Trade Commission, Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255 (2023 revision)

• SEC v. Kimberly Kardashian, settlement order, 3 October 2022

• Directive 2005/29/EC — Unfair Commercial Practices Directive, in particular Annex I, point 11

Press and secondary sources

• Anadolu Ajansı, "Influencer reklamları Ticaret Bakanlığı radarında" [Influencer advertisements on the Ministry of Trade's radar], 26 August 2024 — https://www.aa.com.tr/tr/ekonomi/influencer-reklamlari-ticaret-bakanligi-radarinda/3313160

• Anadolu Ajansı, "Ticaret Bakanlığından Reklam Kurulu kararlarına ilişkin açıklama" [Statement from the Ministry of Trade on Advertising Board decisions], 31 May 2026 — https://www.aa.com.tr/tr/ekonomi/ticaret-bakanligindan-reklam-kurulu-kararlarina-iliskin-aciklama/3952453

Contact us

You can reach us directly regarding the compliance of your influencer campaigns with the 1 August 2026 regime, the label templates, content approval processes and recourse clauses in brand–influencer contracts, or an ongoing Advertising Board file.