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"In Which Posts Is the "#reklam" (Advertisement) Tag Mandatory?"

Nowadays, social media is at the core of many people's lives, both for personal and commercial use. Due to its prominence, it has become one of the most powerful platforms for promoting and marketing products and services. However, it is mandatory to indicate that a post on this platform is an advertisement if it is of an advertising nature. Non-compliance with this requirement can lead to severe sanctions, including hefty fines, account suspension, or even closure.


So, when is it mandatory to use advertisement tags in your social media content? Here are all the details you need to consider for your social media posts:


1. If You Are Promoting Your Own Product or Service

If you are directly promoting your product or service on social media, it is considered advertising. Therefore, you must include statements indicating that the post is an advertisement.


For example, if you own a boutique and showcase your products, you must label these posts as advertisements.


2. If You Are Using an Affiliate Link or Code

Many people earn income through affiliate marketing today. If your post includes an affiliate link or discount code and you are receiving a commission for sharing it, you must disclose this.


For instance, if you are promoting a cosmetic product and earning a commission from its sales, you should indicate in your post that it is “affiliate” or “sponsored content.”


3. If You Are Gaining Financial or Non-Financial Benefits

If you are receiving a product or service for free or gaining an advantage such as a discount in exchange for a social media post, labeling this content as advertising is mandatory. It is important to note that this is not limited to monetary gain. Any benefit you receive or will receive is sufficient.


For example, if a restaurant offers you a free meal in return for a post about them, you must indicate that the post is an advertisement.


4. If You Have an Agreement With a Brand or Are Asked to Provide Information About a Product

If you have a collaboration agreement with a brand and promote its product or service as part of this agreement, such posts are also considered advertising. The agreement does not need to be in writing. If you are specifically asked to share detailed information about a product, you must label the post as an advertisement.


For instance, if a company sends you a product to review in a video, you are required to indicate that the post is a promotional advertisement.


5. If You Are Using Explicitly Promotional Language About a Product

In some cases, individuals share their experiences with a product without any advertising intent or commercial interest. However, if the content praises the product, highlights its qualities, or encourages others to buy it, it is considered advertising.


For example, statements like “This cream made my skin smooth, you should try it too!” that encourage followers to purchase the product must be labeled as advertisements.


Are All Influencer Posts Advertisements?

No, not all influencer posts are considered advertisements. Influencers often share snippets of their personal lives, interests, hobbies, or topics they want to engage their followers with. These types of posts are not considered advertisements. However, if a post falls under any of the situations mentioned above, it should be classified as advertising, even if it is not explicitly for commercial purposes.


What Are the Penalties for Not Using the #reklam (Advertisement) Tag on Social Media?

The penalties are regulated under Article 77 of the Consumer Protection Law. Depending on the content of the post, sanctions such as suspension, correction through the same medium, administrative fines, or temporary suspension of up to three months may be imposed. The content may also be removed or access to it may be restricted.


For 2024, the maximum administrative fine imposed by the Advertisement Board is 550,059 Turkish Lira. However, this fine can be increased based on the nature of the content or repeated violations.


How to Appeal Against Penalties?

Penalties imposed for violations of covert advertising bans are subject to administrative judicial review. An annulment action can be filed at the Administrative Court. The time to file a lawsuit is 30 (thirty) days following the notification of the penalty. It is important to note that filing an annulment action at the administrative court does not suspend the execution of the decision. Therefore, administrative fines must be paid within one month of notification, or the relevant authority will take the necessary legal measures to collect them.,


Points to Consider in Advertisement Content:

  • Must be distinguishable and easily readable.

  • The advertisement should be clearly identifiable.

  • Should be visible among other tags or explanations.

  • Should be noticeable at first glance.


Example Posts

1) On Video Sharing Platforms

In advertisements on platforms like YouTube or live broadcasts, it is mandatory to include at least one of the following explanations in written or verbal form within the video, in the title, description, or before the segment containing the advertisement:

  • “This video contains advertisements by [advertiser].”

  • “This video includes a paid partnership with [advertiser].”

  • “Sponsored by [advertiser].”

  • “I received these products as a gift from [advertiser].”

  • “Thanks to [advertiser] for sending the products.”


2) On Photo and Message Sharing Platforms

On platforms like Instagram, Facebook, and Twitter, the name, brand, or trade name of the advertiser must be included within the photo or message, or in the description, along with at least one of the following tags or explanations:


3) On Podcast Platforms

In podcasts, at least one of the following explanations must be included in written and verbal form at the beginning, middle, and end of the broadcast:

  • “This podcast contains advertisements for [advertiser].”

  • “This podcast is part of a paid partnership with [advertiser].”

  • “Sponsored by [advertiser].”

  • “I received the products mentioned in this podcast as a gift from [advertiser].”


4) On Story Platforms

In temporary content such as Snapchat or Instagram Stories, at least one of the following tags or explanations must be included throughout the sharing duration, along with the advertiser’s name, brand, or trade name:

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