Media Organisation Liability

A media organisation provides the environment in which an ad appears: television and radio channels, newspapers and magazines, websites, social media platforms, search engines and outdoor advertising sites. Article 61 of Law No. 6502 imposes the obligation to comply with commercial advertising rules on media organisations together with advertisers and advertising agencies.

The Media Organisation’s Responsibility

A media organisation is not expected to review every ad in detail, but it is expected not to publish ads that clearly breach the rules. For example, publishing clearly prohibited content such as ads for medicines, alcoholic beverages, tobacco or doctors and hospitals may lead to Advertising Board sanctions against the media organisation too.

Television and Radio

Broadcasters are also subject to the commercial communication rules of the Radio and Television Supreme Council (RTÜK) under Law No. 6112 on the Establishment and Broadcasting Services of Radio and Television. The ban on covert advertising, product placement rules, advertising time limits and restrictions on advertising in children’s programmes fall within this scope; breaches lead to RTÜK sanctions.

Online and Social Media Platforms

Websites and social media platforms are media organisations to the extent they publish ads. Platforms’ advertising policies largely block ads for prohibited products, but these policies do not automatically ensure compliance with Turkish law. Placing ads with social network providers that have not appointed a representative in Turkey may also be prohibited; see Advertising Ban on Social Network Providers.

Relationship with Advertisers

Media organisations should provide in advertising contracts that the advertiser is responsible for content and that recourse is available for sanctions imposed on the media. A pre-publication checklist for clearly prohibited sectors is recommended.