A STORY, A TOY, A PERSISTENCE: LEGAL LIMITS IN INFLUENCERS' ADVERTISING TARGETING CHILDREN

ENTRANCE

Advertising aimed at children is no longer limited to toy and candy commercials shown during cartoon breaks. Today, children are constantly exposed to marketing communications through YouTube videos, TikTok content, Instagram Reels posts, live streams, digital games, and content where influencers share their daily lives.

The most important difference between influencer advertising and traditional advertising is that the advertising message is delivered by someone the child trusts, likes, and feels close to. A child may not always understand that the person they are watching is being paid by a brand or that they are receiving free products. Therefore, statements like "I use this too," "I immediately got my mom to buy it," "You should definitely try it," or "Those who don't have this toy are missing out on a lot" can create a stronger influence on children than on adult consumers.

Turkish consumer law recognizes children as a consumer group requiring special protection due to their age and lack of experience. Therefore, in influencer advertising targeting children, consideration should not only be given to whether the advertisement is appropriate, but also to the way the advertisement is presented, the language used, whether it encourages the child to pressure their parents, and the potential impact of the advertisement on the child's development.

The basic principle in this field is this:

Children cannot be used as a direct tool of persuasion that a brand can use to achieve sales, or as a marketing channel to put pressure on parents.

1. LEGAL BASIS FOR INFLUENCER ADVERTISEMENTS TARGETING CHILDREN

The fundamental legal basis for commercial advertisements targeting children is Article 61 of Law No. 6502 on Consumer Protection. According to this provision, advertisements must be in accordance with general morality, public order, and personal rights, and must be truthful and honest. Commercial advertisements that exploit consumers' lack of knowledge and experience, endanger life and property, or are exploitative of children are prohibited.

Article 5 of the Regulation on Commercial Advertising and Unfair Commercial Practices stipulates that advertisements cannot contain expressions or images that exploit children, infringe on their personal rights, or encourage practices that may pose a safety risk. According to Article 6 of the same Regulation, regardless of its form or the medium in which it is published, an advertisement must be clearly identifiable as an advertisement and must be distinguishable from editorial or entertainment content.

Detailed provisions specific to children are found in Article 24 of the Regulation. These provisions cover not only advertisements explicitly aimed at children, but also advertisements that may influence children and feature children . Therefore, the absence of the phrase "for children only" in the title of the content does not exempt the advertisement from the rules relating to children.

Furthermore, according to Article 28 of the Regulation, when assessing whether the economic behavior of a group requiring special protection due to their age or inexperience has been affected, the average member of that group, not the general adult consumer, is taken as the basis. In other words, whether an advertisement aimed at children is misleading should be evaluated not according to the understanding level of an adult, but according to the perception capacity of a child in the age group to which the advertisement is directed.

The Guidelines on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers also apply to influencer advertising. According to these guidelines, influencer ads must be clear, understandable, and easily recognizable at first glance; posts involving payment, free products, discounts, or other benefits must explicitly state the commercial relationship. Influencers cannot falsely claim to have used a product they have not used, nor can they make unsubstantiated claims.

2. WHICH POSTS ARE CONSIDERED ADVERTISEMENTS TARGETING CHILDREN?

Whether a post is directed at children cannot be determined solely by the official age information of the influencer's followers. In a legal assessment, both the content of the post and its potential impact on children must be considered.

Specifically, the following elements may indicate that the post is an advertisement aimed at children or has the potential to influence children:

• Whether the advertised product is a toy, children's clothing, game, app or children's food,
• Using cartoon characters, toys, or popular figures that children love,
• The use of child-friendly language, music, plot, and visual effects,
• The presence of child actors or child influencers in the video,
• The use of phrases such as "Show this to your mother" or "Have your father buy it,"
• The presence of calls that direct the child directly to a purchase link or in-app payment screen,
• The content is primarily broadcast through a channel or account watched by children.

Because the regulation uses the concept of "advertising likely to influence children," it is not sufficient for an advertisement to simply appear to be aimed at parents. For example, if a toy advertisement provides price information to adults while conveying the message to children, "You can't have fun with your friends without this toy," then the provisions regarding advertising targeting children may apply. This assessment is made based on the overall impression the advertisement creates on the child.

3. ADVERTISING LABELS IN ADVERTISEMENTS TARGETING CHILDREN

If the influencer receives payment from the brand, obtains free products, benefits from a discount, is invited to an event, or earns a commission on sales, the nature of the post must be clearly indicated as advertising.

In content aimed at children, simply using technical or foreign terms understandable only to adults in the advertising description should not be considered sufficient. Words like "PR," "gifted," "collab," "affiliate," or a vague label at the end of the description may not ensure that young children, in particular, understand the commercial purpose of the content.

Explanation;

• At the beginning of the content,
• Easy-to-read size,
• Clearly distinguishable from the background,
• In clear language that the child can understand

It should be done.

The current guidelines aim to ensure that the advertising relationship is immediately noticeable and that the consumer is not forced to click on a "read more" option. For video content, it is stipulated that the information should be provided in written or verbal form at the beginning of the relevant advertising segment.

With the amendment that will come into effect on August 1, 2026, it will become mandatory at the regulatory level to use the words "advertisement" or "promotion" in posts where the influencer benefits from income, discounted products or services, or participation in an event, in order to ensure that the nature of the content is understood as advertising

However, simply labeling a content as "advertisement" does not automatically make it legal in other respects. A post explicitly labeled as an advertisement may still be illegal if it encourages a child to pressure their parents or promises unrealistic social superiority.

4. ADVERTISEMENTS THAT ENCOURAGE CHILDREN TO PUT PRESSURE ON THEIR PARENTS

One of the most important prohibitions in advertising aimed at children is directly encouraging them to persuade their parents or other people to buy the advertised product.

This ban covers advertisements that use what is called "pester power" in practice, which makes it a sales tactic to have a child persistently insist on being with their mother or father.

For example, an influencer;

• "Send this video to your mother immediately,"
• "If your mother doesn't buy it, ask again and again,"
• “Tell your father he has to buy this,”
• "Definitely ask for this on your birthday,"
• "Don't leave the store without noticing this."

Such statements carry legal risks.

Article 24 of the regulation explicitly prohibits directly encouraging children to persuade their parents or others to acquire a good or service. The same article also prohibits the exploitation of sensitivities such as love, attachment, and affection that parents feel for their children for advertising purposes.

Messages such as "You should buy this product if you really love your child," "Good mothers buy this for their children," or "Don't let your child fall behind their friends" can also transform a parent's feelings of love and responsibility into a tool of commercial pressure.

5. PROHIBITION OF PRESENTING PRODUCT OWNERSHIP AS A SIGN OF SOCIAL SUPERIORITY

Advertisements aimed at children cannot convey the message that owning a particular product will give a child a physical, social, or psychological advantage over other children. Similarly, they cannot create the impression that a child who does not own the product will be excluded, less liked, or considered worthless within their peer group.

Therefore, statements such as these may constitute a violation of the law:

• "Everyone at school uses it."
• "You can't be cool without this bag."
• "Those who don't buy this pack in the game always lose."
• "Be the strongest in your friend group."
• "If you don't have this toy, you're missing out on the fun."
• "True fans definitely own this product."

An influencer using their popularity to create an affiliation test, such as "My real followers will buy this product," can also commercially exploit children's need for acceptance and belonging to a group.

6. THE MIXING OF FICTION AND REALITY

Advertisements aimed at children must take into account the developmental characteristics of the target age group. Advertisements cannot contain elements that lead to unrealistic expectations in children or make it difficult for them to distinguish between fiction and reality.

For example, in an advertisement for a toy, presenting it as having features like movement, speech, or flying that the toy doesn't actually possess, and offering a result achieved solely through digital effects as the product's true function, can be misleading.

Similarly, the influencer;

• Presenting accessories that are not included with the product as if they were part of the product
• The digital game presents its graphics differently than they actually are,
• Using filters and visual effects to alter the effect of a cosmetic product on a child,
• Making the skill required to use the toy seem easier than it actually is

This may give rise to legal liability.

The regulation requires that if an additional good or service is required to use the product or achieve the advertised result, this must be clearly stated. This provision is particularly important for digital games, in-app purchases, toy sets, and add-on packages.

For example, an influencer can't promote a core game as free while hiding the fact that essential features require a paid subscription or in-app purchase.

7. GUIDANCE THROUGH PRICE AND THE PERCEPTION OF "VERY CHEAP"

Children may not be able to assess family budgets and the true cost of products as effectively as adults. Therefore, the Regulation prohibits advertising to children that claims the product is suitable for every family budget.

Furthermore, expressions like "only" or "just" cannot be used alongside price information in a way that creates the impression that the product is particularly cheap.

For example;

• "Only 499 TL, everyone can buy it,"
• "Your mother couldn't say no at this price,"
• "A toy that every family can easily afford,"
• "Some pocket money,"
• "Not a penny at all"

Statements like these can lead the child to misinterpret the product's impact on the family budget.

Especially with in-app purchases, seemingly small payments can add up to a high total cost when repeated. Therefore, an influencer highlighting only a single transaction cost while concealing the total expense can be considered misleading advertising.

8. INVITING A CHILD TO MAKE A DIRECT PURCHASE

According to the regulation, advertisements for distance contracts cannot contain purchase invitations that directly target children. It is also prohibited to use language that implies a child can enter into a contract.

Therefore, in a video aimed at children;

• “Click the link and buy now,”
• "Enter your card details and get the product,"
• "Download the app, buy the package now!"
• "You can order without asking your family."

Such instructions pose serious legal risks.

The fact that the purchase is technically made using the parent's bank card does not negate the fact that the child is directly invited to make the purchase. The purpose of the advertising ban here is not only to determine whether a valid contract has been concluded, but also to prevent the commercial exploitation of the child's economic decision-making process.

9. DANGEROUS BEHAVIORS AND SOCIAL MEDIA CHALLENGES

Influencer advertising often turns product use into a fun challenge. However, advertisements that could expose children to dangerous situations, encourage them to interact with strangers, or promote dangerous environments are prohibited.

The content may not include elements of violence that children could imitate, and children may not be shown using tools that could pose a danger to themselves or others.

For example;

• Turning an energy drink or food product into a competition for excessive consumption,
• Demonstrating the use of a toy vehicle in traffic
• Encouraging children to jump from heights or engage in dangerous activities,
• They are asked to meet with strangers in order to win a product,
• Encouraging them to share their address, school, or location information

It can endanger the safety of children.

If a product is likely to cause harm if used without the necessary safety precautions, it is mandatory to include warning signs and safety symbols in the advertisement.

10. TARGETED ADVERTISING BASED ON CHILDREN'S PERSONAL DATA

One of the major problems in digital advertising regarding children is the creation of advertising profiles based on the videos they watch, their likes, search history, location, game preferences, and online behavior.

With the regulatory amendment that will come into effect on August 1, 2026, targeted advertising to children using profiling methods based on personal data is prohibited.

Under this regulation, a brand or advertising system will not be able to analyze a child's digital behavior and target advertising content specific to their interests, weaknesses, or habits.

It is crucial to distinguish between an influencer publishing organic content to their general follower base and a brand specifically promoting content to child users based on their personal data. Showing ads to particular groups of children by creating profiles could fall directly under the new regulation's prohibition.

11. INTRODUCING FOOD, COSMETIC AND HEALTH PRODUCTS TO CHILDREN

In advertisements for food, cosmetics, dietary supplements, and health products aimed at children, both general advertising regulations concerning children and the sectoral advertising rules applicable to the product are applied. Article 26 of the regulation states that products and services with specific advertising regulations must also comply with the limitations in their own legislation.

For example, influencers can tell children:

• A dietary supplement will increase height,
• A vitamin will definitely improve school performance,
• A cosmetic product will make a child more beautiful and popular,
• Children who do not consume a certain food will experience developmental delays
• The product can replace medical or specialist advice

This could be considered both misleading advertising and an exploitation of children's lack of experience.

The use of an advertising label does not legally validate an unauthorized health claim. Influencers cannot make health claims that violate relevant legislation or assert claims that cannot be scientifically proven.

12. LEGAL RESPONSIBILITY OF THE INFLUENCER

12.1. Administrative responsibility

When an influencer engages in commercial communication on behalf of a brand, they are not merely a passive advertising face. Depending on their role in the creation and presentation of the advertisement to the consumer, the advertising agency may approach the position of a commercial implementer or even the advertiser themselves.

Especially the influencer;

• Concealing the advertising relationship,
• His direct encouragement of children to buy,
• Encouraging them to put pressure on their parents,
• Description of unrealistic features,
• Encouraging dangerous behaviors

In this case, an investigation by the Advertising Board and administrative sanctions may be considered.

An influencer's defense that "the brand sent the text" does not automatically absolve them of responsibility. The influencer must not follow clearly illegal instructions and must ensure that the content they publish complies with advertising regulations. The Social Media Influencers Guidelines explicitly prohibit influencers from falsely claiming to have used a product they haven't and from making claims that violate regulations.

12.2. Contractual responsibility

The contract between the brand and the influencer must clearly define the rules regarding advertising aimed at children. If the influencer fails to use the advertising statement agreed upon in the contract, or acts in violation of safety rules legally established by the brand, they may be held contractually liable to the brand.

However, the brand cannot provide the influencer with an illegal advertising copy. The influencer is not obligated to comply with explicitly prohibited instructions such as "You must make your mother buy this" or "Children who don't buy this product will fall behind their friends." The inclusion of such instructions in the contract does not constitute a valid defense against mandatory advertising provisions.

12.3. Liability for damages

If a child or their family suffers material or physical harm due to an influencer's unlawful advertising, liability for compensation may arise under the tort provisions of the Turkish Code of Obligations.

Generally, for a compensation claim:

• The influencer's unlawful behavior,
• The flaw,
• The damage that occurred,
• The appropriate causal link between advertising and purchase or harm

It should be revealed.

If the influencer has only promoted the product and is not a party to the sales contract, the consumer's optional rights arising from defective goods are generally directed primarily to the seller. However, if the influencer sells the product through their own account, receives payment, or markets it under their own brand, their responsibilities as a seller or manufacturer may also come into play.

13. RESPONSIBILITY OF THE BRAND AND THE ADVERTISING AGENCY

Law No. 6502 explicitly stipulates that advertisers, advertising agencies, and media organizations are obligated to comply with advertising regulations. These individuals bear responsibility in proportion to their positions and roles in the preparation of the advertisement.

Brand;

• If the influencer was chosen with the aim of reaching a child audience,
• If he/she prepared the advertisement copy himself/herself,
• If the content has been approved before publication,
• If the campaign has made it a part of the effort to pressure the child's parent,
• If they learned about the illegal post but did not ensure its removal

An influencer cannot completely absolve themselves of responsibility by invoking independent responsibility.

The inclusion of a clause in the contract between the brand and the influencer stating that "all legal responsibility rests with the influencer" does not absolve the brand of its legal obligations towards public authorities and injured consumers. Such a clause can only have legal effect in terms of recourse and damage sharing within the internal relationship between the brand and the influencer.

If an influencer publishes content that violates brand guidelines and without the company's knowledge, the brand may, based on the contract, request the removal of the content and compensation for damages incurred. However, the brand is obligated to take necessary measures after becoming aware of the unlawful content.

14. THE USE OF CHILD INFLUENCERS IN ADVERTISEMENTS

Another aspect of influencer advertising targeting children is that the advertisement is created by the child influencer themselves.

Article 24 of the regulation covers not only advertisements aimed at children, but also advertisements featuring children. Therefore, the fact that a child delivers the advertising message does not soften the advertising rules; on the contrary, it requires more careful consideration because the child becomes both the target of the advertisement and a tool of the commercial activity.

According to Article 71 of the Labor Law No. 4857, children under the age of fourteen may only be employed in artistic, cultural, and advertising activities that do not harm their physical, mental, social, and moral development or education, provided that a written contract is made and separate permission is obtained for each activity. The working hours of children employed in advertising activities are also subject to limitations.

Therefore, parental consent to the use of the child's image is not sufficient in all cases. The conditions regarding permission, duration, and the protection of the child's development stipulated in labor legislation must also be considered.

Child influencer;

• Being constantly pressured to produce content,
• Disruption of education,
• Constant exposure of one's private life,
• Using crying, illness, or intimate moments for advertising purposes,
• Being subjected to psychological pressure in order to generate income

This can also create legal issues in terms of the child's right to personality, privacy, and best interests.

From a brand's perspective, a child having a large following doesn't mean they can be used without limit in every advertising campaign.

15. SANCTIONS THAT THE ADVERTISING BOARD MAY IMPOSE

If violations of regulations are detected in advertisements aimed at children, the Advertising Board;

• The advertisement should be stopped
• Correction using the same method,
• Administrative fines shall be imposed
• If necessary, the advertisement may be temporarily suspended for up to three months

can decide.

If the violation occurs online, blocking access to the relevant content may also be considered. The Ministry of Trade has stated that these sanctions may be applied against advertisements that negatively affect children's development, lead them into dangerous situations, or exploit their consumption habits.

The subsequent deletion or correction of an advertisement does not automatically eliminate administrative liability arising from a prior violation. The regulation stipulates that the subsequent correction of an advertisement that violates legislation does not remove liability for the identified violation.

16. PARENTS' AND CONSUMERS' RIGHTS TO APPLY

If parents encounter unlawful influencer advertising targeting children, they can file a complaint with the Ministry of Trade's Advertising Board. Applications can be made through the Advertising and Unfair Commercial Practice Complaints system on the e-Government portal. The application must clearly state the account where the advertisement was published, the date, the platform, and the content of the complaint.

It is important to preserve the following evidence before filing your application:

• Screen recording of the entire video,
• A screenshot of the story or post,
• The account username,
• The date the advertisement was published,
• The advertising or collaboration tag used,
• Purchase link and discount code,
• Influencer guidance,
• Product order and payment documents,
• Correspondence with a brand or influencer.

An application to the Advertising Board does not directly guarantee a refund or compensation. The Board's role is to administratively review advertising and apply necessary sanctions.

If a product does not possess the features promised in the advertisement, the consumer may request a refund, price reduction, or exchange (if conditions apply) from the seller under the provisions for defective goods or services. In 2026, for consumer disputes with a value below 186,000 TL, it is mandatory to apply to the Provincial or District Consumer Arbitration Board.

If a child's health, personal rights, or property have been harmed due to an advertisement or product, compensation for material and moral damages may be claimed according to the relevant conditions. The party to whom compensation should be directed must be determined based on whether the harm stemmed from the product's nature, the brand's instructions, or the influencer's own statements.

17. LEGAL CAMPAIGN CRITERIA FOR BRANDS AND INFLUENCERS

When preparing an influencer campaign targeting children, at least the following principles should be followed:

1. The advertising nature of the post should be clearly stated in a way that a child can understand.
2. Children should not be directly encouraged to buy the product or to have their parents buy it.
3. Owning the product should not be presented as a requirement for social acceptance, beauty, success, or superiority.
4. The impression should not be created that children who do not own the product will be excluded or left behind.
5. Parental love, guilt, or protective instincts should not be exploited.
6. The actual characteristics of the product should not be altered through digital effects, filters, or editing.
7. If additional products, memberships, or in-app payments are required, this must be clearly stated.
8. Children should not be encouraged to engage in dangerous activities, interact with strangers, or share personal information.
9. Targeted advertising to children should not be done through profiling based on personal data.
10. When using child influencers, labor law, work permits, education, privacy, and personal rights must all be considered.

CONCLUSION

Legal oversight of influencer advertising targeting children is not limited to assessing the accuracy of product information. It must also consider how the advertisement influences a child's thinking and decision-making processes, whether it creates pressure on parents, and whether it exploits a child's psychological or social needs for commercial purposes.

Advertisements targeting children;

• You cannot encourage a child to buy products for their parent
• You cannot present the product as a means of social acceptance or superiority
• You cannot exploit the love and affection of parents
• It cannot blur the line between fiction and reality
• They cannot encourage the child to engage in dangerous behaviors or to make direct purchases.

The influencer's candid style of presentation does not negate the commercial nature of the content. On the contrary, the child's perception of the influencer as a trustworthy friend or role model increases the impact of the advertisement and the associated legal duty of care.

The brand, advertising agency, and influencer each bear responsibility for the preparation, approval, and publication of the campaign targeting children, in proportion to their respective roles. The parties cannot absolve themselves of their obligations under consumer legislation by contractually agreeing that responsibility rests solely with the other party.

Protecting children from commercial exploitation in the digital environment is a matter that cannot be left solely to the attention of parents. In advertising models where individuals children trust are used for sales purposes, transparency, moderation, and the best interests of the child must take precedence over all commercial interests.