Advertiser Liability
Also known as: Advertiser, Advertising Responsibility, Reklamveren Sorumluluğu
Author Ali Gül
In short
The advertiser, which commissions the promotion of its goods or services, being responsible for the content of the ad and for proving its claims; this responsibility remains even if an agency prepared the ad.
The advertiser is the natural or legal person commissioning the promotion of its goods or services. Article 61 of Law No. 6502 imposes the obligation to comply with commercial advertising rules on advertisers together with advertising agencies and media organisations. Of these three actors, the advertiser is at the centre of liability.
The Advertiser’s Obligations
- Burden of proof: The advertiser must prove the claims in its advertising; see Burden of Proof in Advertising.
- Content responsibility: It is responsible for the ad’s compliance with commercial advertising principles, sector rules and consumer law.
- Documents ready: Documents supporting the claims must be ready before the ad runs.
An agency having prepared the ad, or the media having approved it for publication, does not remove the advertiser’s liability.
On Social Media
On social media, the advertiser may also be held liable for posts by content creators it works with. The Advertising Board may sanction both the advertiser and the influencer for posts containing covert advertising. Advertisers are expected to check posts by their content creators and ensure the advertising label is used correctly.
In Contracts
Contracts between the advertiser and agencies, content creators and media should clearly cover:
- The pre-publication approval process and who has final approval,
- Who provides and keeps the documents supporting the claims,
- Who checks the advertising label, legal disclaimers and sector rules,
- Information, defence and recourse provisions in case of Advertising Board sanctions.
Frequently Asked Questions
If the agency prepared the ad, is the agency liable?
No. The advertiser must prove the ad's claims and remains responsible for its content. The agency and media must also comply with the rules and may be sanctioned separately.
Is the brand liable for an influencer's non-compliant post?
It can be. The Advertising Board may sanction both the advertiser and the content creator for posts containing covert advertising. The brand should therefore check posts by content creators it works with.
Related Services
Publications in this area
- Claims of First Place in Advertisements – An Evaluation within the Framework of the Court of Cassation and Advertising Board Decisions 10.07.2024
- Promotion Rules for Doctors 19.04.2024
- Push Notifications in Turkish Law: Legal Obligations and User Rights 25.10.2023
- The Guide on Consumer Reviews Has Been Published! 21.09.2023
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