Coronavirus Support Package Announced on 18 March 2020 and Its Effects on Sectoral Basis
After first seen in December 2019 in Wuhan, China, the coronavirus -which leads to Covid-19 disease- has spread to 192 countries in only three months. The number of confirmed coronavirus cases has exceeded 340,000 globally with the number of deaths exceeding over 14,000 as of 23 March 2020. The first case of coronavirus in Turkey was detected on 11 March 2020. The number of cases in Turkey had increased to 1236 in the following 13 days with 30 citizens losing their lives due… »
Key Developments and Predictions for Media and Advertising Law in Turkey
In Turkey, the central piece of legislation on advertising law compliance issues is Turkish Consumer Protection Law numbered 6502 (“CPL”), the Regulation on Commercial Advertisements and Unfair Commercial Practices (the “Advertising Regulation”), prepared in line with the CPL and Broadcasting Law No. 6112. Broadcast media advertising is ruled and supervised by the RTUK, which is an autonomous and impartial public legal entity. The RTUK regulates and supervises the radio… »
Comparative Advertising under Turkish Law
Comparative advertising under Turkish Law has been allowed for many years. However, the definition of comparative advertising has been introduced into Turkish law for the first time as “advertisements used for the promotion of goods or services, in which elements concerning goods or services of a competitor are directly or indirectly used,” by the Regulation on Commercial Advertising and Unfair Commercial Practices (‘’Advertising Regulation’’), which entered into force after… »
Testimonial Advertisement and Burden of Proof
It is the main principle that all advertisements should be accurate, honest, and the accuracy of claims is required to be proven. In practice, it is crucial to determine whether the advertisement is accurate and is not misleading. There is no legal definition under Turkish Law for misleading advertising, while misleading advertising is strictly prohibited. Within general practices, misleading advertising is interpreted as advertisements giving false information to consumers… »
Restricted Advertising of Certain Category of Food
In Turkish advertising legislation, there is detailed and restricting rules for advertisements intended for children. The aim for these rules is to protect children against any kind of advertising that abuses their lack of knowledge and experience. It is clearly stated in the Adverting Regulation that advertisements that are likely to abuse children’s lack of knowledge and experience are strictly prohibited. The Advertisement Board attaches high importance to the protection… »
Free Items Are Not Allowed for Certain Food Categories
Within the scope of advertising restrictions on the foods that are not recommended for excessive consumption, on December 28, 2018, the Advertising Regulation introduced a new restriction stating that gifts that would appeal to the interests and taste of children shall not be given, and other similar marketing techniques that target children shall not be applied within the scope of practices which aim to increase the sales of foods of which excessive consumption is not… »
Alcohol Advertising in Turkey
Law No. 4250 on Alcohol and Alcoholic Beverages, as well as the Regulation on the Procedures and Principles of the Sale and Marketing of Tobacco Products and Alcoholic Beverages, prohibits every type of advertisement and presentation of alcoholic beverages, prohibits campaigns, promotions, and any activity that encourages the consumption and sale of alcoholic beverages in any kind of media. This ban includes broadcasts on TV and radio, ads in the cinema, product replacement… »
Advertising in Social Media and Influencer Marketing
In Turkey, there are no special laws relating to advertising through social media and influencer marketing via social media. General advertising rules and principles apply. Influencer marketing should also adhere to rules regarding conformity to public order, fair competition, public/moral values, and accuracy, which are main principles regulating advertising in Turkey. Influencer marketing can be categorized as a particular form of testimonial advertising. The Regulation on… »
Plain Packaging for Tobacco Products
The amendments made in Law No. 4207 on Prevention and Control of Hazards of Tobacco Products (“Law No. 4207”), as well as the Regulation on Manufacturing, Labelling and Supervision of Tobacco Products (“Regulation”), which was prepared by the Ministry of Agriculture and Forestry, introduced the plain packaging principle for tobacco products, and amended the rules to be applied concerning health warnings on tobacco products. The amendments in Law No. 4207, as well as the new… »
RTUK’s Supervision over Internet Broadcasts
The amendments dated 27.03.2018 to Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Media Services (“RTUK Law”) introduced Article 29/A to the RTUK Law, basically ruling that media service providers that make online broadcasting, and platform operators, which transmit these broadcasts via the internet, are required to obtain broadcasting licenses from the Radio and Television Supreme Council (“RTUK”). As per the same provision, media service… »
Contests and Sweepstakes
Chance-based sweepstakes (i.e. random-draw promotions, instant-win games) and skill-based contests are generally permissible in Turkey. Chance-based sweepstakes where cash is given as a prize, may only be conducted by the National Lottery Administration (“NLA”), which is the sole authority to organize lotteries and draws with a cash reward. Chance-based sweepstakes and skill-based contests, where the prize is non-cash, can be conducted by real or legal persons under specific… »
Innovator Companies Seek to Protect Themselves Against Generic Companies
In order to contribute to human health, innovative pharmaceutical companies carry out studies that take many years and require huge amounts of investment and research, and as a result, they obtain patent protection for their inventions for a limited period of time. It is very important that the patent rights, which are limited only for a certain period of time, can be used and protected effectively. Applying for abridged marketing authorisation (MA) by referencing the… »