Advertising Agency Liability

An advertising agency designs, prepares, plans and places ads on the advertiser’s behalf. Article 61 of Law No. 6502 imposes the obligation to comply with commercial advertising rules on advertising agencies together with advertisers and media organisations. In case of breach, the Advertising Board may also impose sanctions on the agency.

The Agency’s Responsibility

• Ensuring the ads it prepares comply with commercial advertising principles and sector rules,
• Requesting documents supporting the ad’s claims from the advertiser,
• Ensuring compliance with the covert advertising ban and advertising label rules,
• Warning the advertiser in prohibited or regulated sectors, such as healthcare services, alcohol and tobacco.

Although the burden of proof lies primarily with the advertiser, an agency preparing an ad that clearly breaches the rules cannot escape liability by relying on the advertiser’s approval.

Digital and Influencer Agencies

Digital agencies managing social media and influencer agencies matching brands with content creators are subject to these rules to the extent they play a role in preparing and publishing ads. Checking the compliance of brand account posts and content creator campaigns should be considered part of these agencies’ services.

Contract Tips

The contract between agency and advertiser should cover:

• Who carries out legal review and the approval flow,
• Provision and retention of documents supporting claims,
• Information sharing and defence in Advertising Board or Advertising Self-Regulatory Board proceedings,
• Recourse and allocation of liability in case of sanctions.