Advertising Rules Are Changing: A New Era for AI, Targeted Advertising and Influencers
- 2 days ago
- 4 min read
Selin Çetin Kumkumoğlu
Of Counsel
Yaren Alparslan
Associate
Buse Sığın
Trainee
Introduction
The Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices, prepared by the Ministry of Trade, was published in the Official Gazette dated 1 July 2026 and numbered 33297. The amendments will enter into force on 1 August 2026 and introduce significant changes, particularly in relation to digital advertising, the use of artificial intelligence technologies, targeted advertising, advertising conducted through social media influencers, consumer reviews, and environmental claims.
Advertisements Generated Using Artificial Intelligence
The amendments introduce, for the first time, an explicit legal framework governing the use of artificial intelligence in advertisements. Accordingly, where artificial intelligence or other software is used in a manner that is likely to materially influence consumers' economic behaviour, or where advertisements feature digital characters generated through artificial intelligence technologies that are indistinguishable from real persons, advertisers are required to clearly, intelligibly and prominently disclose this fact to consumers.
Furthermore, advertisements creating the impression that a digital replica of a real person generated through artificial intelligence technologies has personally experienced, used or endorsed a product or service, where this does not reflect reality, are expressly prohibited. This provision introduces a significant restriction on the use of AI-generated digital characters and "deepfake" technologies in advertising practices.
Targeted Advertising
The amendments introduce, for the first time, a definition of targeted advertising. Accordingly, the practice of presenting advertisements tailored to specific individuals or groups by analysing consumers' online behaviour, past preferences, location data, demographic information or similar personal data by sellers, providers or intermediary service providers is deemed to constitute targeted advertising.
In order for such advertising practices to be carried out, consumers must be provided with direct and easily accessible information regarding the criteria on the basis of which the advertisement is displayed to them and how such criteria may be modified.
In addition, targeted advertising based on profiling using personal data is expressly prohibited where it is known, or can reasonably be expected to be known, that the consumer is a child.
Advertising Through Influencers
The amendments provide that where a social media post involves directing consumers to the advertiser's goods or services, receiving monetary compensation, obtaining free or discounted goods or services, participating in events organised by the advertiser in exchange for a benefit, or sharing content relating to promotional campaigns, lotteries or competitions organised for advertising purposes, the commercial nature of such content must be clearly disclosed.
Advertisements published by social media influencers are now required to include either the statement "Advertisement" or "Promotion." Furthermore, advertising disclosures must be clearly visible upon first view without requiring consumers to scroll, must appear before any other tags or hashtags, and must be repeated in each post where advertising content is spread across multiple posts. For audio-only content, the advertising disclosure must be made at the beginning of the broadcast.
Discount Sale Advertisements
Under the amended provisions governing discount sale advertisements, the reference period for determining the pre-discount price has been reduced from thirty days to ten days. The amendments further clarify that prices applied through different sales channels may not be used as a reference for one another. In addition, discounts offered under readily accessible loyalty programmes, as well as conditional sales campaigns requiring consumers to fulfil certain conditions, are now expressly subject to the rules governing discount sale advertisements.
Consumer Reviews
The amended provisions relating to consumer reviews provide that only reviews submitted by consumers whose purchase can be verified may be published. Reviews obtained from platforms where the purchase process cannot be verified may neither be published nor used in advertisements.
Furthermore, where reviews are displayed under separate categories, all categories of reviews must be presented together in the same area in a clear and easily accessible manner. The Regulation also prohibits purchasing services or entering into arrangements for the purpose of generating false consumer reviews.
Environmental Claims
The amendments introduce, for the first time, a definition of environmental claims and establish specific rules governing advertisements containing such claims. In particular, general expressions such as "environmentally friendly", "eco-friendly" or similar claims may no longer be used without providing an adequate explanation substantiating such statements.
In addition, certifications and approvals used in advertisements containing environmental claims must be substantiated by documentation issued by competent public authorities, the relevant departments of universities, or accredited or independent research, testing and assessment bodies. Furthermore, advertisements containing environmental claims must clearly indicate the specific stage of the product's or service's life cycle to which such claims relate.
Academic Titles and Awards
The amendments also seek to prevent the misleading or deceptive use of academic titles in advertisements. In addition, advertisements may no longer include references to awards that are not based on pre-announced, objective criteria or that have been granted in exchange for a benefit.
Conclusion
The amendments demonstrate that Turkish advertising legislation has been updated to address the evolving nature of digital marketing practices and introduce significant new obligations for advertisers, particularly with respect to the use of artificial intelligence technologies, targeted advertising, profiling based on personal data, and advertising conducted through social media platforms. In addition, the revised provisions concerning consumer reviews, environmental claims and discount sale advertisements aim to enhance transparency in advertising practices and strengthen consumer protection against misleading commercial practices.
Given that the amendments will enter into force on 1 August 2026, it is important for advertisers, e-commerce platforms, digital service providers and advertising agencies to review their existing advertising and marketing practices and ensure that, in particular, AI-enabled advertisements, targeted advertising practices, influencer collaborations and consumer review mechanisms are brought into compliance with the new regulatory framework.
