INFLUENCER LAW: AM I REQUIRED TO USE ADVERTISING LABELS?

One of the most frequently asked legal questions by individuals promoting products, services, or brands on social media platforms is whether or not they are required to use the "advertisement" label in their posts. The increasing prevalence of promotions, particularly on platforms like Instagram, TikTok, YouTube, Facebook, X, Twitch, and podcasts, has led to stricter regulation of influencer advertising.

In Türkiye, the rules regarding influencer advertising do not only apply to influencers with a large number of followers. Anyone who promotes a specific product or service and receives a direct or indirect benefit in return for this promotion can be considered a social media influencer, regardless of their follower count.

Therefore, there is no fundamental difference in terms of legal obligations between being a nano-influencer, micro-influencer, content creator, publisher, blogger, athlete, artist, actor, or celebrity. If a post is made in exchange for money, a product, a discount, a gift, an invitation, travel, accommodation, a commission, or another benefit, the nature of the post as an advertisement must be clearly stated.

Is using hashtags mandatory in influencer advertising?

If you have a commercial relationship with a brand, vendor, or service provider, using an advertising label is mandatory

 

It is not necessary for an influencer to receive payment for a post they make. Providing free product delivery, discounted services, free event invitations, covering travel or accommodation expenses, receiving a commission from affiliate marketing, or providing personalized discount codes can also be considered legally considered as a benefit.

Therefore, it must be clearly stated that the post is an advertisement in the following cases:

• Charging a fee in exchange for sharing,
• Sending free products or services,
• Offering the product at a discounted price,
• Being invited to the event free of charge or with special privileges,
• Covering travel and accommodation expenses,
• Earning commission through affiliate marketing or referral links,
• Earning money each time a discount code is used
• Announcing a raffle, contest, or campaign in the name of the brand,
• Content creation based on the brand's request or direction.

In these cases, statements such as "I really liked the product," "I wasn't charged for sharing," or "The brand didn't require me to share" do not automatically negate the advertising aspect. If a product sent free of charge is promoted on a social media account, the product itself constitutes a benefit.

For spontaneous posts based entirely on personal experience, without any brand affiliation or financial gain, the use of an advertising label is not mandatory. However, even in such posts, misleading, untrue, or unproven claims should not be included.

What is the legal basis for influencer advertising?

The primary legal basis for influencer advertising is the Consumer Protection Law No. 6502.

Article 61 of Law No. 6502

According to Article 61 of Law No. 6502, commercial advertisements must be honest, truthful, and not misleading to the consumer. Advertisements that exploit the consumer's lack of knowledge and experience, or that are false or deceptive, are prohibited.

The same article also explicitly prohibits covert advertising. Using a brand, product, service, trade name, or business name within content for promotional purposes without explicitly stating that it is an advertisement is considered covert advertising.

Even if an influencer's post is presented as personal advice or a sharing of daily life, if it is actually based on a commercial relationship, it may constitute a violation of the prohibition against disguised advertising.

Article 62 of Law No. 6502

Article 62 of the law prohibits unfair commercial practices. An unfair commercial practice can be said to exist if it violates the rules of professional diligence and significantly impairs, or is likely to impair, the economic behavior of the average consumer.

An influencer presenting a product as independent consumer advice while concealing their advertising affiliation can be considered an unfair trade practice, as it may influence followers' purchasing decisions.

Article 63 of Law No. 6502

According to Article 63 of Law No. 6502, the Advertising Board within the Ministry of Trade has the authority to review and supervise commercial advertisements and impose sanctions on advertisements that violate the legislation.

The Advertising Board may initiate an investigation upon complaint or on its own initiative. Screenshots of social media posts, their link, the date of posting, and the nature of the advertising relationship may be considered as evidence during the investigation.

2021 Influencer Advertising Guidelines

The obligation to be transparent in influencer advertising is not essentially new. With the "Guidelines on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers" adopted by the Advertising Board on May 4, 2021, social media advertisements must be clear, understandable, and distinguishable from other content.

According to Article 5 of the Guidelines, advertisements made through social media influencers must be clear and understandable, easily noticeable by the consumer at first glance, and free from covert advertising.

Sections 7, 8, 9, and 10 of the Guide list separately the descriptions that can be used when sharing videos, photos, messages, podcasts, and stories. Examples include phrases such as “#Advertisement”, “#Advertisement/Promotion”, “#Sponsorship”, “#Collaboration”, “Collaboration with @[advertiser]”, and “Received as a gift from @[advertiser]”.

According to Article 11 of the Guidelines, advertisers are also obligated to inform influencers about the regulations, require them to comply with the rules, and take necessary measures to prevent violations. Advertisers cannot completely absolve themselves of responsibility by claiming, "The influencer didn't use the hashtag.".

According to Article 12 of the Guidelines, advertisers, advertising agencies, media organizations, and social media influencers are each individually responsible for compliance with the rules.

What is changing on August 1, 2026?

The Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices, published in the Official Gazette dated July 1, 2026, and numbered 33297, will enter into force on August 1, 2026.

With the new regulation, influencer advertising has not only been left within the scope of the Advertising Board Guidelines, but has also been directly added to the Regulation on Commercial Advertising and Unfair Commercial Practices. Article 23/A, titled "Advertisements made through social media influencers," has been added to the regulation.

According to the definition added to Article 4 of the new Regulation, a social media influencer is a natural or legal person who shares content on social media to promote a good or service, either on their own behalf or on behalf of an advertiser, and who converts this communication into any kind of benefit.

This definition does not specify any minimum number of followers. Therefore, micro-influencers with a few thousand followers and social media personalities with millions of followers are subject to the same basic transparency rules.

Article 23/A of the New Regulation

According to Article 23/A of the Regulation, which will be implemented from August 1, 2026, advertisements made through influencers must be clear, understandable, and distinguishable.

In the following cases, it must be clearly stated that the content is an advertisement:

• Directing users to the advertiser, their product, or service
• Generating financial gain from the advertiser,
• Receiving free or discounted products or services,
• Sharing raffles, contests, or campaigns on behalf of the brand,
• Receiving a benefit in exchange for participating in an advertiser's event.

Article 23/A, paragraph three of the Regulation mandates the inclusion of either the word "Advertisement" or "Promotion" in influencer advertisements.

This statement must be accompanied by the advertiser's name or trade name, or one of the following explanations must be used:

• "Provided by @[advertiser]."
• "Thanks to @[advertiser] for sending me the products."
• "Thanks to @[advertiser]."

Therefore, relying solely on the use of “#Collaboration,” “#Sponsorship,” or the platform’s “paid partnership” tool after August 1, 2026, may create legal risks. While the Ministry of Trade’s informational statement mentions terms like “collaboration” and “sponsored content,” the binding text of the Regulation explicitly requires the use of either “Advertising” or “Promotion.” Therefore, the safest approach is to directly include the word “ADVERTISEMENT” or “PROMOTION” in the post.

How should advertising tags be used?

It's not enough for the tag to be at the very bottom of the post, among dozens of hashtags, or behind the "read more" section.

According to Article 23/A of the Regulation, the advertisement statement is:

• It must be distinguishable from the background and other colors used.
• It should be written in a size that is easy to read.
• It should be visible to the consumer without them having to scroll through the screen.
• It should be placed before other labels and descriptions.
• It should not overlap with the text or icons in the platform's user interface.
• If the content consists of multiple posts, it should be repeated in each post.
• If the content is being uploaded to another platform, it must also be included in the new post.

For example, in an advertising campaign consisting of five separate Instagram stories, simply writing "advertisement" in the first story is not enough. Every story promoting the product or brand must include an advertisement description.

Simply adding a tag to the description of a TikTok or Reels video may not be sufficient. Users should be able to recognize the advertisement while watching the video. Therefore, displaying the advertisement description visually at the beginning of the video and, if possible, stating it verbally as well, would be more reliable.

For podcasts, live streams, or similar audio-only broadcasts, a disclaimer stating "[Contains advertising/promotion about [advertiser]" must be included at the beginning of the broadcast and before any commercial breaks.

Examples of Appropriate Advertising Statements

The following explanations can be used in terms of regulatory compliance:

Paid sharing:

“ADVERTISEMENT | This content was created as part of a paid collaboration with brand X.”

Product shipped free of charge:

“PROMOTION | This product was shipped free of charge by brand X.”

Event invitation:

“ADVERTISEMENT | I attended this event free of charge as a guest of brand X.”

Affiliate marketing link:

“ADVERTISEMENT | I earn commission income from purchases made through this link.”

Discount code:

“ADVERTISEMENT | As part of my collaboration with brand X, I may earn revenue from purchases made using the code FERHAT10.”

Displaying these statements in small print, briefly, or in an unnoticeable manner does not constitute fulfillment of the obligation.

Should old posts also be corrected?

Since the new regulation will come into force on August 1, 2026, the new sanctions will, as a rule, apply to advertisements published after this date.

However, social media posts remain accessible even after they are published. In particular, static posts, YouTube videos, and profile advertisements can be considered as continuously published content.

Therefore, in order to mitigate legal risk, it would be appropriate to review previously published and still accessible advertising content; to edit missing tags and add the word "Advertisement" or "Promotion" to the description sections. This assessment is a precautionary compliance measure that can be taken due to the continued accessibility of the content.

Does the use of advertising labels make every advertisement legally compliant?

No. Labeling content as "advertisement" does not eliminate any legal violations in the rest of the content.

Influencer;

• You cannot pretend to have used a product that you haven't actually used.
• He/She cannot recommend a product he/she hasn't tried.
• He cannot give the impression that he bought the gifted item himself.
• One cannot speak of scientifically proven results.
• They cannot make health claims that are contrary to the regulations.
• Product images that use filters or effects cannot mislead the consumer.
• They cannot create fake followers or fake customer reviews.

There are specific advertising bans, particularly for health, cosmetic, dental, weight loss products, dietary supplements, pharmaceuticals, tobacco products, e-cigarettes, and alcoholic beverages. The use of advertising labels does not legally justify promoting a product or service whose advertising is prohibited by law.

Influencer content generated with AI

The regulation, which will come into effect on August 1, 2026, concerns not only real influencers but also content created with artificial intelligence.

If an advertisement uses a digital character created with artificial intelligence that is indistinguishable from a human, it must be clearly, understandably, and distinguishably stated that the content was generated using artificial intelligence.

Additionally, advertisements that give the impression that an AI-generated digital copy of a real person has personally experienced or recommended a product are prohibited.

Influencer and Advertiser Responsibility

In advertising regulations, responsibility does not lie solely with the influencer who shares the content.

The advertising brand;

• Influencers should be informed about advertising regulations
• The use of advertising labels should be explicitly regulated in the contract
• You should review the content before sharing it
• We must intervene in posts that lack proper labeling or are misleading
• It should ensure that the necessary corrections are made.

Influencer contracts should clearly define the format and location of the advertising statement, the wording to be used, the approval process for sharing, proof of health and scientific claims, content retention, and liability in case of legal violations.

However, the inclusion of a clause in the contract stating that all responsibility lies with the influencer does not, in any case, absolve the advertiser of their public law liability.

What is the penalty for not using an advertising label?

The Advertising Board has issued a statement regarding influencer advertising that violates regulations:

• 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.

In 2026, administrative fines applicable for deceptive and misleading advertising and unfair commercial practices may range from 99,339 TL to 39,916,524 TL, depending on criteria such as the medium of the violation, the scope of the violation, the benefit obtained, the damage caused, fault, and economic situation. In each specific case, the amount and recipient of the fine will be determined based on the role of the influencer, advertiser, agency, and media organization in the advertising process.

The subsequent deletion of the post or the addition of an advertising tag does not automatically erase the prior regulatory violation. However, prompt correction may be considered a compliance measure that could be evaluated favorably during the investigation.

Conclusion: What Should Influencers Do After August 1, 2026?

The basic rule in influencer advertising is quite clear: if there is a benefit, the advertising relationship should not be hidden.

From August 1, 2026, any posts made in exchange for payment, free products, discounts, invitations, sponsorships, commissions, or similar benefits must explicitly include either the word "Advertisement" or "Promotion." The advertiser's name or trade name must also be stated in the content.

The ad tag should be visible at first glance, shouldn't require scrolling, should appear before other tags, and should be placed separately in each story or post if there are multiple posts.

Especially after August 1, 2026, one should not rely solely on “#Collaboration”, “#Sponsorship”, or the platform's paid partnership tag; the words “ADVERTISEMENT” or “PROMOTION” should be used directly.

Influencers and brands must bring their past advertising content, campaign contracts, sharing templates, and content approval processes into compliance with the new Regulation. Otherwise, they may face removal, suspension, correction of the advertisement, and hefty administrative fines.