If a Reels video costs a brand hundreds of thousands of liras: The influencer's liability for damages in the face of advertising board decisions

Let's imagine a cosmetics brand launching a new product. The brand strikes a deal with a well-known influencer with millions of followers, paying them 750,000 TL for a single Instagram Reels video, three story posts, and a TikTok video.

A studio is rented for the shoot, a professional team is assembled, products are sent to the influencer, and stock is prepared specifically for the campaign's launch day. The influencer uses the product in the video and says the following:

"This serum completely eliminates blemishes."

"You will see a change in your skin in a week."

"I used it and got definite results."

However, the post doesn't explicitly state that this is an advertisement. The influencer simply adds "collaboration" in small letters at the end of the caption, among dozens of hashtags. There is also no scientific study to support the claim that the product completely removes blemishes.

The post was viewed millions of times in a short period. Then consumer complaints started, and the matter came before the Advertising Board. After an investigation, it was determined that the nature of the advertisement was not sufficiently explained and that unsubstantiated claims about the product were used, and a decision was made to stop the advertisement.

The influencer is removing the post. However, the brand spent hundreds of thousands of lira on the campaign, the ad didn't stay online for the expected duration, and the product launch has been disrupted.

This raises the following question:

Can a brand request a refund for the advertising fees paid to the influencer and any other damages incurred?

The Advertising Board's decision does not directly award compensation

Firstly, the duties of the Advertising Board and the duties of the courts of law should be separated.

The Advertising Board may decide to stop, correct, temporarily suspend, or impose administrative fines for advertisements that violate regulations. The Board's primary duty is to protect consumers against misleading advertisements and unfair commercial practices.

However, the Advertising Board does not resolve the contractual dispute between the brand and the influencer by issuing a decision such as "The influencer should pay the brand 750,000 TL in compensation.".

If the brand wishes to recover its advertising costs or claim compensation for damages incurred due to the campaign's termination, it must also pursue legal avenues based on the contract terms and the Turkish Code of Obligations.

However, the Advertising Board's decision could be important evidence in a potential compensation lawsuit. If the Board determines that the advertisement was secret, misleading, or illegal, this may be taken into account when evaluating whether the influencer properly fulfilled their contractual obligations.

It guarantees legally compliant service, not just the cost of paying high fees

One of the biggest mistakes brands make in influencer advertising is believing that paying a high price guarantees the success of the advertisement.

Just because a brand paid an influencer 750,000 TL doesn't automatically mean sales will increase, the video will be viewed millions of times, or the campaign will go viral. As a rule, influencers undertake the task of providing the advertising service agreed upon in the contract, not achieving economic success.

However, this advertising service;

• To be published on the agreed date,
• Remaining on air for the specified period,
• Prepared in accordance with the legislation,
• The nature of the advertisement must be clearly stated
• It should not contain false claims
• Compliance with the campaign terms and conditions approved by the brand

is necessary.

If a post is removed due to an influencer creating illegal content, it's not simply a matter of "the campaign didn't reach the expected sales figures." It also raises the issue of failure to properly deliver the advertising service agreed upon in the contract.

According to Article 112 of the Turkish Code of Obligations, if a debt is not performed at all or is not performed properly, the debtor is obliged to compensate the creditor for the resulting damages, unless the debtor proves that no fault can be attributed to him.

Therefore, if a campaign has been stopped because the influencer violated advertising regulations, the brand may rely on breach of contract provisions depending on the specific circumstances of the case.

Can advertising fees paid to an influencer be reclaimed?

Whether a full refund of the advertising fee is possible depends on the extent to which the advertisement was fulfilled.

For example, if an influencer posted the content but the ad was removed a few hours later, the brand could make the following claim:

“I paid for an ad that was supposed to stay online for a month. The content was removed within hours due to the influencer's unlawful behavior. Therefore, I didn't get my money's worth.”

In this case, the brand;

• He wants a refund for the advertising fee he paid
• A discount will be applied to the fee if the service has been partially completed
• The costs incurred for reshooting the commercials,
• The additional cost of running a campaign with another influencer

The possibility of making a request may arise.

However, if the post has been online for a long time, reached millions of people, and the brand has benefited to a certain extent from advertising, a full refund may not be accepted in every case. The court will also evaluate the economic value of the service provided by the influencer and the benefit received by the brand.

Therefore, it is not possible to state a definitively that "The Advertising Board has stopped the advertisement, and the entire fee will be automatically refunded.".

What Damages Can a Brand Claim?

If an advertisement is stopped due to the influencer's fault, the brand may wish to claim not only the fee paid to the influencer but also other damages.

For example, a brand;

• Studio and production costs,
• Payments made to the advertising agency,
• The costs of the special packaging prepared for the campaign,
• Alternative advertising campaign costs,
• The cost of the contract with the new influencer,
• Expenses arising from the postponement of the launch,
• Costs for services purchased for advertising but not used

can request.

However, it is not possible to recover every expense from the influencer. The brand must demonstrate the damage suffered, the influencer's breach of contract, and the causal link between that breach and the damage.

For example, it may not be possible to attribute all of the general brand investments made before the campaign, which could also be used in other projects, to the influencer.

Can I claim compensation for lost sales and lost profit?

One of the most controversial claims is that the brand suffered a loss in sales because the campaign was stopped.

The brand can perform the following calculation:

“If the ad had remained live, we would have sold 10,000 units. Because the ad was removed, we only sold 2,000 units. We want the influencer to pay for the profit of the remaining 8,000 units.”

However, accepting such a request is not easy. It's not enough for the brand to simply present estimated sales figures.

Past campaign results, pre-orders, inventory movements, website visits, discount code usage, ad views, and industry data can be analyzed. The claimed profit from continuing the campaign must be supported by reasonable and concrete data.

Influencer advertising can either increase sales or have no effect. Therefore, verifiable losses, rather than hypothetical and uncertain profit losses, constitute a stronger claim for compensation.

Will the "The Brand Sent the Text" Defense Save the Influencer?

The influencer could make the following defense after an Advertising Board investigation:

"I only read the text sent by the brand."

"The agency asked me not to use the word 'advertisement'."

"I thought the information given about the product's effects was accurate."

These statements do not absolve the influencer of responsibility in all cases.

Social media influencers do not have an unlimited obligation to investigate the accuracy of claims presented to them by advertisers. However, an influencer may be deemed at fault for publishing statements that are clearly unlawful, exaggerated, or promise definite results without any evaluation.

Especially;

"It cures cancer."

"It helps you lose ten kilos in a week."

"Guaranteed results."

"It completely eliminates the disease."

If such statements are used without any basis, it becomes difficult for the influencer to absolve themselves of all responsibility simply by pointing fingers at the brand.

Conversely, the fact that the advertising copy is entirely prepared by the brand and agency, that the influencer has no authority to make changes to the text, and that the responsibility for regulatory compliance is explicitly left to the brand, can be taken into account when determining the degree of fault of each party.

What happens if the brand also approves the content?

In practice, advertising content is usually sent to the brand or advertising agency before publication. The brand watches the video, checks the text, and gives written approval for sharing.

If a brand approves a video that contains no indication of being an advertisement and is clearly misleading, it may not be possible to hold the influencer solely responsible for all damages.

According to the Turkish Code of Obligations, if the injured party was instrumental in causing or increasing the damage, this may lead to a reduction in compensation. The degree of fault of the parties is taken into account when determining the scope of compensation.

For example, the brand explicitly tells the influencer:

"Write and share ads in a way that looks natural."

"Describe the product as if you've been using it for a week."

"Even without a scientific report, say that it yields definitive results."

If the brand gave instructions in this manner, both the influencer and the brand can be considered at fault.

In this case, liability between the parties should be determined based on who prepared the content, who approved it, and who insisted on using unlawful statements.

Who pays the administrative fine?

The administrative fine imposed by the Advertising Board and the private law relationship between the brand and the influencer are distinct from each other.

The primary recipient of an administrative penalty is the individual or business for whom the penalty was imposed. A contract between the parties stating that "the influencer will pay all administrative fines" does not, in itself, alter the Advertising Board's decision on who is responsible for the penalty.

However, such a provision may be significant in the internal relationship between the parties. The brand could attempt to recover the amount paid from the influencer, arguing that the penalty was imposed due to the influencer's own negligent conduct.

Whether this will be accepted or not;

• Regarding the liability provisions in the contract,
• Who prepared the advertisement copy?
• Who approves the content,
• whether the violation stemmed from the influencer's personal conduct,
• Whether the brand has fulfilled its audit obligations

It is evaluated accordingly.

If a brand itself planned the illegal advertisement, explicitly instructed the influencer to do so, or knowingly approved the content, it may not be fair to impose the entire administrative fine on the influencer.

The rules will become clearer starting August 1, 2026

The regulatory amendment published on July 1, 2026, will come into effect on August 1, 2026.

According to the new regulation, in posts where the influencer receives any benefit such as income, discounted products or services, or participation in an event, it is mandatory to use the words "advertisement" or "promotion" to clearly indicate that the content is an advertisement.

Therefore, in the period that follows;

"I only received the product as a gift."

"I wasn't paid."

"I stayed at the hotel for free, but I didn't sign an advertising deal."

"The brand simply invited people to the event."

Such arguments alone will not negate the commercial nature of the sharing.

If an influencer's content, from which they derive economic or other benefit, does not explicitly indicate that it is advertising, this can create risks in terms of both administrative sanctions and contractual liability between the brand and the influencer.

Can consumers also claim compensation from influencers?

Following the Advertising Board's decision, not only the brand but also consumers who purchased the product based on the influencer's statements may claim to have suffered damages.

For example, a consumer influencer;

"This product is hypoallergenic."

"It eliminates the need for medical treatment."

"It is completely safe for children."

They may have purchased the product based on such statements and suffered losses.

In this case, the consumer's primary claims may be directed to the seller, supplier, manufacturer, or importer, depending on the specific circumstances. If the product causes harm to a person or property, the manufacturer's or importer's product liability may also arise under Law No. 7223.

The influencer's liability is not automatic. It is also necessary for the influencer to have engaged in unlawful and negligent conduct, for the consumer to have suffered actual harm, and for a proper causal link to be established between the harm and the influencer's statements.

According to Article 49 of the Turkish Code of Obligations, a person who causes harm to another through a culpable and unlawful act is obligated to compensate for that harm.

If an influencer claims to have used a product when they haven't, gives false guarantees, or knowingly conceals serious health risks, the likelihood of them being liable for damages to the consumer increases.

However, simply because the product fails to meet the consumer's expectations does not mean that the influencer is liable for the product cost or all damages in every case.

What clauses should be included in an influencer contract?

Running high-budget influencer campaigns solely through WhatsApp messages carries significant risks.

The following points should be clearly regulated in the contract to be prepared between the parties:

• Who will prepare the advertising content?
• Who will approve the content before it is published?
• How to use the terms "advertisement" or "promotion,"
• How long the content will remain online,
• The post cannot be arbitrarily deleted by the influencer
• The procedure to be followed in the event of a decision by the Advertising Board,
• Liability arising from unlawful content,
• Situations in which advertising fees will be refunded,
• Obligation to reshoot and correct,
• Internal relationship between the parties regarding administrative fines,
• How to verify the claims about the product,
• Statements that may be used in health and cosmetic claims,
• The penalty clause to be applied in case of breach of contract,
• Compensation for direct damages suffered by the brand.

The Turkish Code of Obligations allows for the inclusion of a penalty clause in the contract for non-performance or improper performance.

For example, the contract could include a clause stating that the influencer will pay a penalty if they fail to use the advertising label or remove the post before the agreed-upon time.

However, these provisions should be tailored to the specific campaign, as the court may consider reducing the penalty if it is excessively high, or different rules may be applied to the relationship between the traders.

The Advertising Board's decision does not place all the brand's losses on the influencer

While it is important that the Advertising Board finds the advertisement to be unlawful, it does not automatically and unlimitedly make the influencer liable to the brand.

In determining liability for damages;

• The contract between the parties,
• The process of creating advertising content,
• The brand's instructions,
• Additions made to the content by the influencer,
• How long the advertisement remained on air,
• The advertising benefit the brand receives,
• The reasoning behind the Advertising Board's decision is as follows:
• The parties' percentages of fault,
• Proof of the alleged damages

They should be evaluated together.

If an influencer removes the advertising label on their own initiative or adds false statements to text approved by the brand, they may face more serious liability.

Conversely, if the brand prepared all the content, had the influencer implement it without question, and knowingly approved of its illegality, it may not be possible to claim full damages from the influencer.

Conclusion: High-Budget Advertising Can Also Mean High Legal Risks

A short video lasting only a few seconds on social media can be at the center of campaigns worth hundreds of thousands or even millions of liras. However, having a large following for an influencer or paying high fees for advertising doesn't automatically guarantee the campaign's legal security.

If an advertisement contains covert advertising, unproven promises, or makes statements about definitive health outcomes, the Advertising Board may order the advertisement to be stopped and impose administrative sanctions.

In this situation, the brand may suffer losses such as wasted advertising costs, the need to prepare a new campaign, postponement of the launch, and damage to its reputation. Whether the influencer will be held responsible for these damages is evaluated separately from the Advertising Board's decision, within the framework of the contract, fault, damage, and causal link.

According to research by the Ministry of Trade, influencer referrals account for 25.4% of all complaints arising from social media shopping. This data demonstrates that influencer advertising is no longer just a marketing issue, but a serious matter of consumer and liability law.

In conclusion, the real guarantee in influencer advertising is not a high number of followers; it's legally compliant content, clear advertising notices, and a solid contract that details the responsibilities of both parties.