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Advertising Agency Liability

Also known as: Agency Liability, Advertising Agency, Digital Agency, Reklam Ajansı Sorumluluğu

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In short

The obligation of the advertising agency that designs, prepares and places ads on the advertiser's behalf to comply with commercial advertising rules, and the possibility of separate sanctions against it for breaches.

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

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.

Frequently Asked Questions

Is the agency released from liability if the advertiser approved the ad?

No. The advertiser's approval does not remove the agency's own obligation. An agency in a position to know that the ad it prepared clearly breaches the rules may be sanctioned separately.

Are influencer agencies covered too?

Yes. Agencies matching brands with content creators and managing campaigns play a role in preparing and publishing ads and must comply with advertising rules.

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