What is Commercial Advertisement?
In connection with commercial advertisiment, trade, business, craft or a profession; These are announcements in the nature of marketing communications made by advertisers in any medium in written, visual, audio and similar ways in order to ensure the sale or lease of a good or service, to inform or convince the target audience.
What is Unfair Commercial Practice?
A commercial practice is deemed to be unfair if it does not comply with the requirements of professional care and significantly disrupts or has the possibility of significantly disrupting the economic behavior of the average consumer or group to which it reaches.Unfair commercial practices towards the consumer are prohibited.
What is the board of advertisement?
The General Directorate of Consumer Protection and Market Surveillance, under the Ministry of Commerce, has been actively operating since 1995 and likewise the Advertisement Board has been carrying out its duty since 1995.
The Advertisement Board is a Board regulated by Law in Article 63 of the Law on the Protection of Consumers No 6502 and whose decisions are enforceable. "(1)to determine the principles to be followed in commercial advertisements and to make regulations to protect the consumer against unfair commercial practices, to inspect within the framework of these issues, to stop according to the results of inspection or if deemed necessary to rectify with the same method or to suspend administrative fines for up to three months are done by An Advertisement Board responsible for imposing penalties is established."
In this context, there are a total of 19 members in the Board, which includes stakeholders from all segments, including public, private sector, non-governmental and professional organizations. With monthly meetings; Advertisements of many sectors such as food, health, tourism, cosmetics, communication, consumer durables, financial services, education, energy, tabac and alcohol advertisements are evaluated
In addition, the following advertisement types are also examined by the Advertisement Board;
Ads with subtitles and footnotes,
Comparative ads,
Ads containing price information,
Campaign ads with discounted sales
Promotions of counterfeit goods and advertisements with the content of defamation and unfair reputation,
Covert ads,
Ads for foods that are not recommended for over consumption,
Ads for children,
Ads for financial services,
Service ads by fortune tellers, channeler, astrologers and the like, and advertisements of illegal betting and gambling games,
Firearm and gun ads.
In the event that a commercial advertisement "aimed at consumers" is against the relevant legislation, article 77 of the Law No. 6502 titled "Penal provisions" is applied:
"...(12) Advertisers who act contrary to the obligations specified in Article 61 of this Law are subject to a suspension or correction by the same method or administrative fines and, if deemed necessary, a cautionary suspension up to three months.The Advertisement Board may impose these penalties together or separately, depending on the nature of the violation.Violation;
a) Ten thousand Turkish Liras if realized through the television channel broadcasting at the local level, (2019-17.094-TL)
b) Two hundred thousand Turkish Liras if it is realized through the television channel broadcasting throughout the country, (2019-341.921-TL)
c) Half of the penalties specified in subparagraphs (a) and (b), if it is realized through periodicals,
ç) Five thousand Turkish Liras if realized through a radio channel broadcasting at local level, (2019-8.546-TL)
d) Fifty thousand Turkish Liras if it is realized through a radio channel broadcasting throughout the country, (2019-85.480-TL)
e) Fifty thousand Turkish Liras if realized via internet, (2019-85.480-TL)
f) Twenty five thousand Turkish Liras if realized via text message, (2019-42.738-TL)
g) If realized through other mediums, an administrative fine of five thousand Turkish Liras (2019-8.546-TL) is imposed.
In case the violation subject to administrative action is repeated within one year, the Advertisements Board will increase above-mentioned administrative fines to ten times.
(13)" Those who act contrary to the obligations specified in Article 62 of this Law are sanctioned with a cautionary suspension of unfair commercial practice for up to three months or an administrative fine of five thousand Turkish Liras.The Board may impose these penalties together or separately, depending on the nature of the violation.Administrative fine is applied as fifty thousand Turkish Liras if the violation has occurred throughout the country.In case it is determined that the violation is carried out through advertisement, the provisions of the twelfth paragraph of this article are applied. "
A lawsuit can be filed at the Administrative Court for the annulment of the decisions made by the Advertisement Board.
Apart from the types of penalties mentioned, there are no penalty types that can be imposed by the Advertisement Board, such as stopping commercial activities, taking products, seizing, and blocking access.
Who can apply to the Advertisement Board?
Many stakeholders of the society such as consumers, rival companies, public institutions and organizations, non-governmental organizations can apply, whether they are deceived due to a commercial advertisement or not, whether they are a party to the mentioned advertisement.
What are the Application Ways?
Applications to the Advertisement Board can be made in writing or electronically.
What are the Application Conditions?
The applicants that do not include the identification number and address, name, surname and identity number of real person, and the title and address of the legal person are not evaluated by the Board.