Advertising Board Sanctions
Also known as: Advertising Fines, Interim Suspension, Advertising Penalties, Reklam Kurulu Yaptırımları
Author Ali Gül
In short
Suspension, correction, administrative fines and interim suspension of up to three months that the Advertising Board may impose for non-compliant advertising and unfair commercial practices.
The Advertising Board may impose one or more of the following sanctions on commercial advertising and unfair commercial practices it finds in breach of Law No. 6502. Sanctions may be imposed on advertisers, advertising agencies and media organisations.
Types of Sanctions
- Suspension: Stopping the advertising or practice,
- Correction: Correcting the advertising by the same method,
- Administrative fine: The amount depends on the medium in which the ad was published and is increased each year by the revaluation rate,
- Interim suspension: During the investigation, where necessary, for up to three months.
Determining the Fine
The Law tiers fines by medium: amounts are higher for wide-reach media such as national television, the internet and the national press, and lower for local media. Fines are increased for repeat breaches. Social media and online ads are assessed within this tiering.
Interim Suspension
Where continuation of the breach may cause serious harm to consumers, the Board may order interim suspension of the ad for up to three months before the investigation concludes. Failure to comply with an interim suspension order is itself subject to sanctions.
Challenging Decisions
Board decisions may be challenged before the administrative court within sixty days of service; bringing an action does not automatically suspend the decision. If the administrative fine is paid within one month of service, a one-quarter reduction applies; paying the reduced amount does not remove the right to sue.
Avoiding Sanctions
The most effective way to reduce sanction risk is to have documents supporting claims ready and sector rules checked before the ad runs. Once an investigation starts, withdrawing or correcting the ad and a strong defence directly affect the outcome.
Frequently Asked Questions
Can Advertising Board decisions be challenged?
Yes. An annulment action may be brought before the administrative court within sixty days of service. Bringing an action does not automatically suspend the decision; a stay of execution must be requested separately.
How is the fine amount determined?
The fine varies by the medium in which the ad was published and is higher for wide-reach media such as national television. Amounts are increased each year by the revaluation rate.
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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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