Responsible Advertising: Legal Protections for Children in Turkey

The primary legal framework governing advertisements in Turkey is comprised of two key pieces of legislation: (i)?the Consumer Protection Law No. 6502 ("CPL") and (ii)?the Regulation on Commercial Advertisements and Unfair Commercial Practices ("Regulation"). Accordingly, in addition to complying with the rules set out in the CPL and Regulation, advertisements that are targeted at children or that are accessible to children are further subject to stricter rules as the aim is to create legal safeguards for children.

The CPL, as the main legislation which aims to take measures to protect the health, safety and economic interests of consumers in accordance with the public interest, sets forth a general principle targeting the advertising practices of advertisers by prohibiting any engagement in commercial advertising that is misleading to consumers or exploits their lack of experience and knowledge. In this regard, commercial advertisements shall not exploit disadvantages groups, including children, disabled persons and elderly.

In addition to the general principle set forth under the CPL, the Regulation stipulates comprehensive guidelines for the content of advertisements directed at children. In accordance with Article 24 of the Regulation, the following principles shall apply to advertisements directed to children or likely to affect children, as well as advertisements starring children:

• It is prohibited to promote content or images that could have a negative impact on the physical, mental, moral, psychological or social development of children.
• Elements that could foster unrealistic expectations in children or blur the lines between reality and fiction shall not be used in advertising directed at children.
• In advertising directed at children, elements that encourage the belief that possessing a particular product will bring physical, psychological or social superiority among peers, or conversely, that not possessing the product will have the opposite effect, are prohibited.
• It is prohibited to promote content or images that could endanger children or encourage them to contact strangers or visit dangerous locations.
• It is prohibited to promote violent elements that children may imitate.
• It is prohibited to show children using or playing with tools, equipment or objects that may pose a danger to themselves or their environment.
• It is prohibited to use elements that distort, change or denigrate cultural, moral or positive social behaviors.
• It is prohibited to promote content or images that abuse the trust that children have in their parents, teachers and other adults.
• The use of elements that would weaken or distort the authority and responsibilities of parents or teachers is prohibited.
• The sentiments expressed by parents towards their children, including feelings of love, affection and compassion must not be exploited.
• It is prohibited to directly encourage children to purchase advertised products or to persuade their parents or other adults to purchase such products.
• Claims that imply that children should sign contracts to purchase the goods or services in question are not permitted.
• Statements such as "affordable for any family" are prohibited.
• Words such as "only" shall not be used next to the price of the advertised good or service to suggest falsely that the good or service is inexpensive.
• Advertisements should not underestimate the skills required to use the advertised product or service.
• If additional goods or services are required to use the advertised good or service effectively or to achieve the results advertised, this should be stated.
• In the case of goods or services that pose a risk to the health of children and the environment, symbols and warnings shall be used to indicate that the necessary measures should be taken to prevent such risks.
• Advertisements for distance contracts shall not include an invitation to purchase for children.

In addition to the aforementioned principles, Article 24/A of the Regulation sets out principles regarding advertisements for foods that are not recommended for children. Accordingly, advertisements for red-listed foods and beverages that are not recommended for excessive consumption shall not be permitted in media directed exclusively at children. Such products shall be advertised in other mediums with written or verbal warnings encouraging a regular and balanced diet.

With respect to the implementation of the advertising rules embodied under the CPL and the Regulation, the Advertisement Board ("Board") is the authorized body responsible for imposing sanctions on advertisers, advertising agencies and media organizations that fail to comply with the principles related to advertisements. One of the most controversial decisions of the Board was rendered on the basis of protection of children, where the Board decided that the promotion and sale of products such as beach towels, t-shirts, sweatshirts, coffee mugs, phone cases containing the expressions “LGBT”, “LGBT Power”, “Equality, Bisexual, Freedom, Lesbian, Gay, Love is Love, Homosexual, LGBT Relationship”, “Love is Love”, “Pride”, “Peace”, “Love is Love” and rainbow themes on e-commerce websites without a “+18” age warning, is in violation of the Regulation. Accordingly, the reasoning of the decisions of Board with no. 2020/1119, 2020/1120, 2020/1121, 2020/1122, was that such content negatively affects the physical, mental, moral and psychological development of children and young people. In this regard, the Board ordered the halting of such advertisements.

In light of the above, it seems fair to conclude that Turkey's legal framework for the regulation of advertisements aimed at children is designed with the intention of safeguarding their physical, mental and social well-being. By incorporating rigorous principles in both the CPL and the Regulation, the legislation aims to ensure that advertisers adhere to ethical standards that protect vulnerable audiences.

Authors: Hatice Ekici Ta?a, Begüm Alara ?ahinkaya, Ceren Ely?ld?r?m