Social Media and the Law: What Every Business Needs to Know?

1. Definition of Social Media Guidelines and Hidden Advertising in the Context of the Law

The guidelines, derived from Turkey’s Consumer Protection Law No. 6502, were adopted by the Advertising Board on May 4, 2021, during Meeting No. 309. The main objective of these guidelines is to prevent influencers—who are followed by millions of social media users—from engaging in hidden advertising when promoting products or services in exchange for sponsorships or advertising agreements. Influencers are now required to clearly disclose any advertising partnerships when sharing content related to a product or service.

Social media and the law are closely intertwined in this context, as influencers must comply with legal requirements to avoid misleading their audience. Social media and the law address the importance of transparency when content is sponsored or part of an advertising agreement.

Hidden advertising refers to promotional content embedded within formats such as news, broadcasts, or programs, without being explicitly identified as advertisements. When influencers fail to disclose that their posts are sponsored, part of a collaboration, or promotional content, they violate the prohibition against hidden advertising.

2. Mandatory Statements in Advertising Posts According to the Social Media Law

3. Obligations of Influencers Under Social Media Advertising Regulations

As part of the evolving relationship between social media and the law, influencers are expected to follow a set of legal and ethical standards when promoting products or services online. These obligations are designed to protect consumers from misleading content and ensure transparency in commercial communications. Influencers must:

• • Avoid promoting a product or service as if they have personally used or approved it when they have not.
  • Refrain from making claims involving objective, measurable, or numerical data unless such claims are supported by scientific research or verified testing.
  • Not to promote or direct consumers to products or services offered by doctors, dentists, veterinarians, pharmacists, or healthcare institutions.
  • Not advertise or direct followers to products or services offered by medical professionals, including doctors, dentists, veterinarians, pharmacists, or healthcare institutions.
  • Avoid creating the false impression that a gifted product or service was personally purchased.
  • Clearly disclose any financial compensation, discounts, or free products/services received from an advertiser—especially when presenting themselves as a regular consumer.
  • Not create or use fake identities in bulk to artificially generate engagement or promote a product or service on social media platforms.
  • Compliance with these rules is critical for maintaining credibility and aligning with legal standards in the intersection of social media and the law.

4. Sanctions for Non-Compliance with Social Media Advertising Laws

In the broader context of social media and the law, influencers who fail to comply with advertising regulations—particularly those engaging in hidden advertising—are subject to legal consequences enforced by the Advertising Board. Two primary types of sanctions can be imposed:

• Cease and Desist Orders
• Administrative Fines

According to official press releases published in 2024, the Advertising Board has issued administrative fines reaching up to 550,000 TL for violations. Moreover, under the relevant legal provisions, if an influencer repeats the same violation within one year—by continuing to share advertisements that do not comply with the Law and the Guideline—the administrative fine may increase up to tenfold.

These sanctions emphasize the growing importance of aligning influencer marketing practices with social media and the law, ensuring transparency, accountability, and consumer protection.