A Practical Guide to Brand Liability for Influencer Marketing Under Turkish Law

Influencer marketing has become one of the most effective forms of digital advertising in Turkey.

A cosmetics company sends products to a TikTok creator. A fashion brand pays an Instagram influencer to wear its new collection. A food-supplement company offers an affiliate commission for every sale generated through a discount code. A hotel gives a creator a free weekend in return for posts and stories.

Then a legal problem arises.

The influencer fails to disclose that the content is advertising, makes an exaggerated claim, promises a medical result or publishes misleading information about the product.

The brand’s first reaction is often:

“The influencer created the content. We did not post it, so the influencer is responsible.”

Under Turkish law, that defence is dangerous.

The legal framework does not treat the influencer as a complete liability shield between the advertiser and the consumer.

The advertiser itself has specific obligations to supervise influencer campaigns, require compliance with advertising legislation and take measures against violations. The Ministry of Trade’s Social Media Influencer Guideline expressly states that advertisers cannot escape these obligations merely by arguing that compliance was the influencer’s responsibility. It also provides that advertisers, advertising agencies and influencers are separately responsible for compliance with the applicable rules.

The rules became even more important on 1 August 2026, when amendments to the Regulation on Commercial Advertising and Unfair Commercial Practices entered into force and influencer advertising was expressly incorporated into the Regulation itself.

For brands advertising on Instagram and TikTok, influencer compliance is therefore no longer merely an issue for the marketing department.

It is a regulatory, contractual and litigation risk.

1. What Counts as Influencer Advertising?

The amended Regulation now expressly defines a social media influencer.

The definition covers a natural or legal person who uses social media to communicate promotional content concerning goods or services, directly or indirectly, on their own behalf or on behalf of an advertiser, and converts that communication into some form of benefit.

This definition is intentionally broad.

The individual does not need to be a celebrity with millions of followers.

It may include:

• Instagram creators,
• TikTok creators,
• YouTubers,
• streamers,
• micro-influencers,
• niche content creators,
• professional reviewers,
• corporate social-media accounts,
• even legal entities operating influential accounts.

The number of followers is not decisive.

What matters is whether promotional communication is being used commercially.

2. Cash Payment Is Not Required

One of the most common mistakes is assuming that a post becomes an advertisement only where the influencer receives cash.

That is incorrect.

Under the 2026 rules, disclosure obligations may arise where the influencer receives benefits such as:

• money,
• free products,
• discounted products,
• free services,
• hotel accommodation,
• flights,
• invitations,
• sponsorship,
• event access,
• commissions,
• affiliate revenue.

The amended Regulation specifically requires disclosure where an influencer receives monetary benefits or free or discounted goods or services and in several other promotional situations.

Accordingly:

“We did not pay the influencer; we only sent a free product.”

is not a safe legal argument.

A gifted product can still create an advertising relationship.

3. The Most Important 2026 Change: Influencer Advertising Is Now Expressly Regulated

Until recently, Turkey’s principal influencer-specific rules were primarily contained in the 2021 Social Media Influencer Guideline adopted by the Advertisement Board.

That Guideline remains an important compliance source and continues to appear among the Ministry’s current consumer-law guides.

However, on 1 July 2026, significant amendments to the Regulation on Commercial Advertising and Unfair Commercial Practices were published.

The relevant amendments entered into force on:

1 August 2026.

The new Article 23/A now directly regulates advertising through social media influencers.

This means influencer-disclosure obligations have moved even more clearly into the binding secondary regulatory framework.

For brands running campaigns today, compliance documents prepared in 2022 or 2023 should therefore be reviewed again.

4. What Must an Instagram or TikTok Influencer Say?

The current rule is more specific than simply requiring the advertisement to be “obvious.”

Article 23/A requires influencer advertisements to be:

• clear,
• understandable,
• and distinguishable as advertising.

More importantly, the Regulation now requires the use of either:

“Reklam”

or

“Tanıtım.”

The disclosure must also include the advertiser’s name or trade name or one of the prescribed forms of identification concerning the advertiser.

For legal-risk purposes, a compliant Instagram or TikTok post could therefore begin prominently with something such as:

REKLAM | Brand X

or:

#Reklam – Brand X

rather than relying on vague phrases.

5. Is “#İşbirliği” Alone Enough in 2026?

Brands should be cautious.

Historically, the Influencer Guideline referred to several disclosure expressions such as:

• #Reklam,
• #Sponsor,
• #İşbirliği,
• #Ortaklık,
• and formulations identifying the advertiser.

However, the Regulation that entered into force on 1 August 2026 expressly states that influencer advertising must contain “Reklam” or “Tanıtım.”

Therefore, the safest 2026 compliance approach is not merely:

#işbirliği

but something explicit such as:

#Reklam | Brand X

or:

Tanıtım | Brand X

This avoids an unnecessary dispute about whether the disclosure was legally sufficient.

6. The Disclosure Must Be Visible Immediately

A disclosure may technically exist and still be legally inadequate.

The Regulation requires advertising disclosures to be presented in a manner that is:

• distinguishable from the background,
• easily readable,
• noticeable when the consumer first encounters the content,
• visible without requiring the user to scroll,
• and understandable without requiring the consumer to open another field or page.

This is particularly relevant to Instagram and TikTok.

A creator should not bury the advertisement disclosure:

• below twenty hashtags,
• after several paragraphs,
• behind “more,”
• in tiny text,
• in a colour almost identical to the background,
• or for half a second at the end of a TikTok video.

The legal test is functional:

Would an ordinary consumer understand immediately that the content is commercial advertising?

7. Instagram’s “Paid Partnership” Tool May Not Be Enough by Itself

Instagram offers platform-generated disclosures such as:

Paid partnership with…

TikTok also provides branded-content disclosure functions.

Using these tools is good compliance practice.

However, brands should not assume that a platform feature automatically replaces the requirements imposed by Turkish advertising legislation.

The safer approach is to use both:

1. the platform’s commercial-content tool; and
2. an explicit disclosure complying with Turkish law.

For example:

#Reklam | Brand X

plus Instagram’s Paid Partnership feature.

Regulatory compliance should not depend solely on how Instagram or TikTok happens to design its interface.

8. The Brand Has Its Own Legal Obligations

This is the most important issue for advertisers.

The Influencer Guideline specifically regulates the advertiser’s responsibility.

The advertiser must:

• inform influencers about the applicable rules;
• require them to comply with Law No. 6502, the Regulation and relevant legislation;
• ensure that third parties used in the campaign are also made aware of these obligations;
• make efforts to ensure compliance;
• and take measures against violations.

Most importantly, the advertiser cannot escape these obligations by arguing:

“The influencer is responsible for his or her own account.”

The Guideline expressly rejects that approach.

9. Brand and Influencer Can Both Be Responsible

The Turkish system does not necessarily require regulators to choose between the influencer and the brand.

The Guideline provides that:

• advertisers,
• advertising agencies,
• media organizations,
• and social media influencers

are separately responsible for complying with the rules.

Accordingly, a brand cannot safely assume:

“If the influencer is fined, the matter ends there.”

Depending on the facts, the Advertisement Board may examine different participants in the advertising chain.

10. Can the Brand Protect Itself by Giving Written Instructions?

Yes—but not completely.

The Guideline provides an important compliance defence.

Where the advertiser proves that it:

• informed the influencer,
• required legal compliance,
• warned relevant third parties,
• took steps to ensure compliance,
• and implemented measures against violations,

the advertiser is considered to have made the best efforts reasonably expected from it to secure compliance.

This is extremely important for brands.

A proper influencer agreement should therefore not merely state:

“Influencer shall comply with applicable law.”

The brand should be capable of producing evidence showing an actual compliance system.

11. What Should a Brand’s Influencer Compliance File Contain?

For each campaign, the brand should ideally retain:

• signed influencer agreement,
• campaign brief,
• legal advertising instructions,
• mandatory disclosure wording,
• prohibited claim list,
• approved product claims,
• screenshots of pre-approved content,
• evidence that the influencer received compliance instructions,
• publication screenshots,
• dates of stories and videos,
• correction requests,
• takedown requests,
• records of any violation.

If an Advertisement Board investigation begins six months later, the issue becomes evidential.

The relevant question will not merely be:

“Did the brand tell the influencer to obey the law?”

but:

“Can the brand prove that it created and operated an effective compliance process?”

12. A Contractual Clause Alone Is Not Enough

Consider this influencer contract:

“Influencer shall be solely responsible for compliance with advertising law and shall indemnify Brand X against all sanctions.”

That clause may regulate the internal relationship between the brand and influencer.

It does not necessarily prevent the Ministry or Advertisement Board from holding the advertiser responsible under public law.

This distinction is fundamental.

There are two relationships:

Relationship With the Regulator

The brand cannot contract out of statutory obligations imposed for consumer protection.

Relationship Between Brand and Influencer

The influencer agreement may provide rights of:

• indemnification,
• reimbursement,
• termination,
• contractual penalty,
• damages.

Therefore, the contract can shift the economic consequence internally in certain circumstances.

It cannot necessarily eliminate the brand’s external regulatory responsibility.

13. What If the Influencer Ignores the Brand’s Instructions?

Suppose the contract requires:

#Reklam

at the start of every post.

The influencer deliberately deletes it because the post “looks more organic.”

The brand discovers the violation several hours later and immediately demands correction.

This is considerably better for the brand than having no compliance program at all.

Evidence of:

• clear instructions,
• active monitoring,
• immediate notification,
• correction demand,
• repeated-breach sanctions

can support the argument that the brand exercised the level of diligence expected from it.

However, one point remains particularly important.

The Regulation provides that later correction of an unlawful advertisement does not automatically remove responsibility for the original infringement.

The Guideline contains the same principle.

Thus:

“We deleted the story afterward.”

does not necessarily erase the violation.

14. The Brand Is Responsible for Proving Advertising Claims

Another major risk concerns factual claims.

Under Article 9 of the Regulation:

advertisers bear the burden of proving the accuracy of claims made in their commercial advertisements.

Claims concerning objectively verifiable facts must be supported by appropriate evidence, and scientific claims may require scientifically valid documentation.

This is especially important because influencer language is often informal.

An influencer might say:

“This cream removes wrinkles in seven days.”

“This shampoo stops hair loss.”

“This supplement burns fat.”

“This phone battery lasts twice as long as every competitor.”

The fact that the influencer improvised the statement does not automatically remove the brand’s exposure.

The brand should control which objective claims the influencer is permitted to make.

15. The Influencer’s Personal Opinion Can Become a Brand Problem

Brands sometimes distinguish between:

“advertising claims”

and

“the influencer’s personal opinion.”

The distinction is not always reliable.

If an influencer is paid by the brand and says:

“I genuinely think this is scientifically proven to eliminate cellulite.”

the word “genuinely” does not convert an objectively verifiable claim into protected personal opinion.

Regulators will examine the substance of the communication.

Where a statement can be objectively tested, the advertiser may be required to substantiate it.

16. Influencers Should Not Pretend to Have Used Products They Have Never Used

The Ministry’s Influencer Guideline states that influencers cannot endorse or create the impression that they have experienced a product or service where they have not actually experienced it.

For example:

“I have been using this serum for three months and my skin completely changed.”

can create serious problems if the product was delivered to the influencer the day before the post.

Brands should therefore distinguish between:

product demonstration

and

personal testimonial.

If the campaign requires a personal testimonial, the influencer should genuinely have had the experience claimed.

17. Free Products Must Not Be Presented as Personally Purchased

Another prohibited practice is creating the false impression that a gifted product was purchased by the influencer.

For example:

“I spent my own money on this because it is absolutely worth it.”

may be misleading if the company sent the product free of charge.

The Guideline specifically addresses this form of misleading presentation.

The purpose is obvious.

Consumers may place greater trust in an apparently independent purchase than in a sponsored recommendation.

18. Affiliate Links and Discount Codes Are Advertising

TikTok and Instagram creators frequently use:

• “FERHAT10” discount codes,
• affiliate links,
• commission-based links,
• referral programs.

Where the influencer obtains a financial benefit from resulting sales, the content is commercial.

The fact that the company did not pay a fixed campaign fee does not transform the post into an independent review.

A brand should therefore require advertising disclosure for affiliate arrangements as well.

19. Giveaways and Competitions Can Also Trigger Advertising Rules

The 2026 Regulation expressly covers influencer content concerning:

• competitions,
• giveaways,
• promotional campaigns

conducted for the advertiser’s goods or services.

Accordingly, a TikTok post saying:

“Follow Brand X and tag three friends to win an iPhone”

may constitute commercial advertising even if the influencer receives no traditional advertising fee.

Separate rules concerning promotional competitions and prize campaigns may also become relevant depending on the structure.

20. Event Invitations Can Create an Advertising Relationship

Brands frequently invite influencers to:

• hotel launches,
• fashion events,
• restaurants,
• concerts,
• product launches,
• international trips.

The amended Regulation expressly recognizes circumstances where content is posted after the influencer receives a benefit for participating in an advertiser’s event.

Therefore:

“We did not buy a post; we only flew the influencer to Dubai.”

does not necessarily mean the resulting content is independent.

The economic substance matters more than the label used by the parties.

21. Health Claims Are One of the Highest-Risk Areas

Brands selling:

• food supplements,
• cosmetics,
• slimming products,
• beauty products,
• medical devices,
• wellness products

face particularly significant influencer risk.

The Regulation requires advertisements concerning sectors with special advertising legislation—including medicines, medical devices, health services, food, supplements and cosmetics—to comply with the sector-specific advertising rules as well.

Accordingly, general influencer compliance is only the first layer.

A supplement influencer may not lawfully make a claim merely because:

• the post says #Reklam;
• the influencer genuinely believes it;
• the brand added a disclaimer.

If the underlying health claim is legally prohibited or unsubstantiated, disclosure does not cure the substantive violation.

22. A Proper Disclosure Does Not Make a False Advertisement Legal

This distinction is crucial.

There are two separate questions:

First: Did the consumer understand that the content was an advertisement?

Second: Was the advertisement itself lawful and truthful?

For example:

#Reklam – This supplement cures diabetes in 30 days.

may transparently disclose that the content is advertising.

But the underlying health claim may still be unlawful.

Advertising disclosure is not a licence to make false claims.

23. Instagram Filters and Beauty Effects Create Additional Risk

A cosmetics brand pays an influencer to promote foundation.

The creator uses:

• skin-smoothing filters,
• facial restructuring,
• colour correction,
• artificial lighting effects.

The content then claims:

“This is exactly what my skin looks like after using the product.”

The Influencer Guideline specifically addresses filters and requires disclosure where effects or filtering are used in commercial product advertising.

For beauty brands, this should form part of the campaign brief.

The problem is particularly serious where a filter artificially creates the exact benefit that the advertised product claims to provide.

24. AI-Generated Influencers Do Not Remove Advertising Liability

Brands increasingly use:

• virtual influencers,
• AI avatars,
• synthetic voices,
• digitally generated celebrities.

The 2026 amendments reflect broader regulatory attention to digital advertising and artificial intelligence.

From a liability perspective, creating an AI influencer does not create a responsibility-free marketing channel.

If the content is commercial advertising for the brand, ordinary rules concerning:

• truthfulness,
• substantiation,
• consumer deception,
• sector restrictions

remain relevant.

In fact, brands should be particularly cautious where AI creates:

• fictitious testimonials,
• fake experts,
• synthetic “customers,”
• artificially generated before-and-after results.

25. Children Create an Additional Compliance Layer

Influencer audiences frequently include minors.

The general Regulation contains specific protections concerning advertising aimed at children.

Furthermore, since 1 August 2026, profiling children through personal data for targeted advertising is prohibited where the advertiser knows or can reasonably be expected to know that the consumer is a child.

Accordingly, brands using TikTok in particular should examine:

• age demographics,
• audience targeting,
• campaign language,
• behavioural profiling,
• product category.

A campaign lawful for adults may raise substantially different issues when directed toward children.

26. Targeted Advertising Now Requires Additional Transparency

The 2026 amendments also introduced specific rules for targeted advertising.

Advertising based on analysis of factors such as:

• online behaviour,
• previous preferences,
• location information,
• demographic information,
• other personal data

falls within the new framework.

Consumers must be given directly and easily accessible information concerning the criteria used to determine why the advertisement was shown and how those criteria can be changed.

Therefore, a brand’s influencer campaign can create two different compliance layers:

1. influencer-content compliance; and
2. targeted-advertising compliance.

This is particularly relevant when brands turn an influencer’s organic post into a paid:

Instagram Partnership Ad or TikTok Spark Ad.

27. Boosting an Influencer Post Increases the Brand’s Risk

Suppose an influencer independently publishes a video.

The brand then obtains permission and pays Instagram or TikTok to promote the same video to millions of users.

At that point the connection between the brand and the advertising communication becomes even more direct.

The brand should therefore conduct a legal review before boosting influencer content.

A piece of content acceptable as an informal creator post may contain:

• unsubstantiated claims,
• competitor references,
• problematic music,
• privacy issues,
• misleading pricing,
• improper disclosures.

Paid amplification multiplies both reach and regulatory exposure.

28. The Advertising Agency Does Not Protect the Brand Either

Some brands outsource the entire campaign to a digital marketing agency.

The contract states:

“Agency shall select and manage all influencers.”

The brand may therefore believe the agency is solely responsible.

Again, that assumption is unsafe.

The regulatory framework treats multiple advertising actors as potentially responsible.

The Influencer Guideline expressly recognizes separate compliance responsibilities for:

• advertisers,
• advertising agencies,
• media entities,
• influencers.

A brand should therefore supervise the agency rather than treating outsourcing as legal immunity.

29. The Brand Should Control Influencer Subcontracting

Influencers increasingly use:

• managers,
• agencies,
• content teams,
• editors,
• other creators.

The Influencer Guideline specifically requires the advertiser, where third parties are permitted, to draw attention to the need for those persons also to comply with applicable obligations.

The influencer contract should therefore prevent uncontrolled delegation.

For example:

No subcontracting, reposting, collaboration or third-party content production without the Brand’s prior written approval.

This is particularly useful in large influencer campaigns.

30. Can the Advertisement Board Fine the Brand?

Yes.

The Advertisement Board operates under Law No. 6502 and may examine unlawful commercial advertisements and unfair commercial practices.

It may impose measures including:

• suspension of advertisements,
• correction,
• administrative fines,
• and, where legally appropriate, precautionary suspension.

The Ministry explains that consumers, institutions and even competitor companies may submit complaints, while the Advertisement Board may also initiate investigations ex officio.

This means a brand does not need to receive a consumer lawsuit before facing regulatory action.

A competitor may report the campaign.

31. Administrative Fines Have Become Economically Significant

The financial exposure should not be underestimated.

For 2026, administrative fines applicable to deceptive and misleading advertisements and unfair commercial practices under Law No. 6502 can, depending on the relevant statutory category, medium, seriousness and circumstances, range from approximately:

TRY 99,339 to TRY 39,916,524.

The Advertisement Board is actively using its enforcement powers.

The Ministry reported that, by the first seven months of 2026, the Advertisement Board had imposed more than TRY 218 million in administrative fines for deceptive advertising and unfair commercial practices.

Influencer compliance should therefore not be treated as a cosmetic issue concerning hashtags.

32. “The Post Was Only Online for 24 Hours” Is Not a Defence

Instagram Stories disappear after 24 hours.

TikTok videos can be deleted instantly.

This does not mean the regulatory evidence disappears.

Complaints may contain:

• screenshots,
• screen recordings,
• links,
• archived advertisements,
• campaign documents.

Moreover, later correction or deletion does not automatically eliminate responsibility for the earlier violation.

Brands should therefore maintain their own archive of ephemeral campaigns.

33. Competitors Can Also Act Against the Brand

Influencer advertising disputes are not limited to consumer law.

A competitor may also argue that misleading influencer advertising constitutes unfair competition under Articles 54 and following of the Turkish Commercial Code.

Potential examples include:

“Brand X is the only real collagen brand in Turkey.”

“Every competing product contains dangerous chemicals.”

“Our product works twice as well as Brand Y.”

Where such statements are inaccurate or misleading, competitors may potentially seek remedies under unfair competition law in addition to making an Advertisement Board complaint.

Thus, aggressive influencer marketing can create both:

administrative risk and private commercial litigation risk.

34. Using Competitor Trademarks Creates Further Risk

TikTok content often uses provocative comparison formats:

Brand A vs Brand B.

Comparison itself is not automatically unlawful.

However, the Regulation imposes requirements on comparative advertising.

The advertisement must not:

• mislead consumers,
• unfairly denigrate competitors,
• create confusion,
• or improperly exploit another party’s reputation.

The Regulation also prohibits advertisements from unfairly benefiting from another firm’s trademark, trade name or reputation.

Brands should therefore approve competitor references before publication.

35. Music, Images and Video Can Create Copyright Problems

A TikTok influencer may use popular music or footage when creating branded content.

Commercial use can raise copyright and licensing issues that do not arise in the same way for purely personal content.

Similarly, the influencer may use:

• third-party photographs,
• memes,
• clips from films,
• competitor advertisements.

The influencer agreement should therefore require that all content is either:

• originally created,
• appropriately licensed,
• or otherwise lawfully usable.

The brand should also obtain sufficient rights to reuse the influencer’s content in:

• advertisements,
• websites,
• Meta ads,
• TikTok ads,
• billboards,
• e-commerce listings.

36. The Brand Must Obtain Rights to the Influencer’s Own Image

Another contractual problem arises when the brand wants to reuse a successful influencer video.

Payment for one Instagram Story does not automatically mean the brand purchased perpetual rights to use the influencer’s:

• image,
• voice,
• name,
• video,
• performance.

The agreement should separately regulate:

• usage territory,
• duration,
• platforms,
• paid advertising,
• whitelisting,
• editing,
• sublicensing.

Otherwise, the brand may comply perfectly with advertising law yet become involved in a personality-rights or intellectual-property dispute with the influencer.

37. Consumer Compensation Is Separate From Advertisement Board Fines

Suppose an influencer falsely says:

“This product is waterproof for 24 hours.”

A consumer relies on the statement, purchases the product and suffers financial loss.

An Advertisement Board proceeding concerns the legality of the advertising practice.

The consumer’s private claim is a separate matter.

Depending on the circumstances, the consumer may have remedies under:

• Law No. 6502,
• contractual liability,
• defective goods or services rules,
• Turkish Code of Obligations.

However, regulatory violation does not automatically mean that every consumer is entitled to damages.

A damages claim generally requires examination of:

• the defendant’s legal role,
• breach,
• damage,
• causation.

The relevant “brand” company may be the manufacturer, seller, importer, service provider or merely trademark owner; those distinctions can materially affect civil liability.

38. A Practical Example: The “Organic” Instagram Story

Assume Brand X pays an influencer TRY 250,000.

The influencer uploads an Instagram Story saying:

“Girls, I discovered this amazing skincare brand yesterday. Nobody asked me to say this—I just had to share it.”

There is no advertising disclosure.

In reality:

• Brand X paid the influencer;
• the brand approved the campaign;
• the product was delivered free of charge.

This presents several problems.

The post conceals the commercial relationship.

It creates the impression of independent consumer opinion.

If Brand X argues:

“The influencer wrote the wording herself,”

that does not automatically remove the brand’s obligations.

The advertiser is expected to inform and supervise the influencer and to take measures to secure compliance.

39. Another Example: The TikTok Slimming Claim

A supplement company contracts with a fitness influencer.

The approved campaign brief states only:

“Supports an active lifestyle.”

The influencer instead says:

“Take two capsules every day and you will lose 10 kilograms in one month.”

The brand discovers the video after it has received three million views.

The first question is whether the claim is lawful and substantiated.

The second is whether the brand had an adequate compliance system.

Relevant evidence would include:

• the original campaign brief,
• prohibited-claims list,
• pre-approval procedure,
• monitoring records,
• time at which the violation was detected,
• takedown demand.

A company that cannot produce any of these documents is in a substantially weaker position.

40. Another Example: “I Bought It Myself”

A fashion brand gives a handbag worth TRY 100,000 to an influencer.

The influencer says:

“I saved for months and finally bought this bag.”

The statement creates a false impression of an independent purchasing decision.

The legal problem is not solved simply because the influencer genuinely likes the handbag.

The economic relationship itself is material information for the consumer.

It should be disclosed.

41. What Should an Influencer Contract Contain?

A serious brand should use a written influencer agreement addressing at least:

Advertising Disclosure

Mandatory wording such as:

#Reklam | [Brand]

for all commercial posts.

Content Approval

No publication before written approval where appropriate.

Permitted Claims

Only claims contained in the approved campaign brief.

Prohibited Claims

No unauthorized:

• health claims,
• superiority claims,
• guarantees,
• comparative claims.

Genuine Experience

No false representation of personal use.

Free Products

No implication that gifted products were independently purchased.

Filters

Restrictions concerning visual manipulation where product performance could be misrepresented.

Third Parties

No unauthorized subcontracting.

Intellectual Property

Ownership and licensing of content.

Compliance Monitoring

Brand right to request modification or immediate removal.

Indemnification

Contractual consequences for regulatory violations attributable to the influencer.

Termination

Immediate termination rights for serious regulatory or reputational breaches.

42. Contractual Penalties Can Be Useful — But Should Be Drafted Carefully

A brand may include a contractual penalty if the influencer:

• omits required disclosures,
• publishes unapproved claims,
• refuses to remove unlawful content.

However, the amount and legal enforceability should be evaluated under Turkish contract law.

The purpose should not simply be punishment.

A well-designed mechanism creates strong incentives for compliance and gives the brand a practical remedy where the influencer’s conduct exposes it to substantial regulatory or reputational loss.

43. Pre-Approval Is Particularly Important for High-Risk Industries

Not every post requires the same level of review.

A coffee-shop advertisement and a medical-device campaign do not present identical regulatory risk.

Mandatory legal pre-approval should be strongly considered for influencer content involving:

• healthcare,
• cosmetics,
• food supplements,
• financial products,
• crypto assets,
• children,
• alcohol or other regulated products,
• significant price claims,
• environmental claims.

The more heavily regulated the product, the less freedom an influencer should have to improvise legal claims.

44. Brands Should Create a “Claims Library”

One of the most effective compliance tools is an approved claims library.

For each product, it should state:

Approved

“Contains 50 SPF.”

Approved with evidence

“Battery lasts up to 20 hours under specified test conditions.”

Prohibited

“Guaranteed to cure acne.”

Prohibited

“The best product in Turkey.”

unless the company holds legally sufficient evidence supporting the superiority claim.

This prevents the marketing team from requiring a lawyer to review every sentence from the beginning.

45. Monitor Content After Publication

Pre-approval alone may be insufficient because influencers often:

• modify captions,
• add comments,
• publish follow-up Stories,
• answer questions in comments,
• go live.

For example, the original approved TikTok may be lawful.

A follower then asks:

“Does it cure eczema?”

The influencer replies:

“Yes, definitely.”

That statement may create a new advertising problem within the commercial relationship.

High-risk campaigns should therefore be monitored after publication.

46. Live Streams Are Particularly Difficult

Instagram Live and TikTok Live create additional compliance risk because statements are made spontaneously.

Influencers may answer:

• medical questions,
• product comparison questions,
• pricing questions,
• competitor questions

without advance legal review.

Brands should consider providing a specific live-stream script and prohibited-topic list.

For high-risk sectors, unmoderated live advertising may simply be too risky.

47. What Should a Brand Do When It Discovers an Illegal Post?

A practical response procedure should include:

First: preserve evidence of the original post.

Second: instruct the influencer to stop or correct the violation immediately.

Third: document when the brand became aware of the violation.

Fourth: investigate whether the same content exists on other accounts.

Fifth: suspend paid amplification.

Sixth: determine whether consumer-facing correction is necessary.

Seventh: assess contractual remedies against the influencer or agency.

Deleting the evidence before documenting it can create problems if a regulator later asks what was originally published.

48. Can the Brand Simply Terminate the Influencer?

That depends on the contract.

The agreement should give the brand immediate termination rights where the influencer:

• violates advertising law,
• commits repeated disclosure violations,
• publishes prohibited claims,
• damages the brand’s reputation,
• engages in serious misconduct.

Without a carefully drafted termination provision, a company may discover that an influencer has caused a regulatory crisis but still demands the remaining campaign payment.

49. What Evidence Should the Brand Preserve?

In the event of an Advertisement Board investigation, the brand should be able to produce:

• influencer agreement,
• agency agreement,
• campaign brief,
• claim substantiation documents,
• compliance instructions,
• disclosure instructions,
• draft content,
• approval e-mails,
• published content,
• monitoring records,
• correction requests,
• removal requests.

Because the advertiser bears the burden of proving factual advertising claims, supporting documents should exist before or during the advertising period, not be created for the first time after the complaint. The Regulation expressly requires advertisers to prove the accuracy of their claims.

50. A Practical Five-Step Compliance System for Brands

A strong influencer marketing compliance system can be built around five stages.

Stage 1 — Due Diligence

Check:

• influencer history,
• previous regulatory problems,
• fake followers,
• audience demographics,
• sector suitability.

Stage 2 — Contract

Use a written agreement allocating:

• disclosure obligations,
• content rules,
• intellectual-property rights,
• regulatory risk.

Stage 3 — Brief

Give specific instructions on:

• permitted wording,
• prohibited claims,
• mandatory disclosures.

Stage 4 — Approval and Monitoring

Review high-risk content before publication and monitor after publication.

Stage 5 — Enforcement

Document violations and require:

• correction,
• removal,
• reimbursement,
• termination

where necessary.

51. The Critical Question: Who Is Legally Responsible?

For Instagram and TikTok influencer advertising in Turkey, the answer is rarely:

“Only the influencer.”

Depending on the circumstances, the regulatory chain may include:

• the advertiser/brand,
• the influencer,
• the advertising agency,
• other relevant media participants.

The Turkish Influencer Guideline expressly places separate compliance responsibility on the relevant advertising actors and imposes specific supervisory duties on advertisers.

The 2026 amendments have strengthened this framework further by directly incorporating social-media influencer advertising into the Regulation itself.

52. Final Assessment: An Influencer Is a Marketing Channel, Not a Liability Shield

The most dangerous misconception in influencer marketing is:

“It is the influencer’s account, therefore it is the influencer’s legal problem.”

Turkish advertising law takes a different approach.

The brand is not a passive outsider.

It is the advertiser whose product, service and commercial interests are being promoted.

The advertiser must:

• inform influencers of legal requirements;
• require compliance;
• take reasonable measures to prevent violations;
• substantiate factual advertising claims;
• monitor high-risk campaigns;
• respond when violations occur.

The influencer remains responsible for their own conduct, but that does not automatically release the brand.

Since 1 August 2026, the rules are even clearer. Influencer advertising must be transparent, and current Article 23/A requires an explicit “Reklam” or “Tanıtım” disclosure together with identification of the advertiser in the manner contemplated by the Regulation.

For brands, the safest approach is therefore not:

“Sign the influencer and hope they know the law.”

It is:

Select carefully, contract clearly, control the claims, require explicit advertising disclosure, preserve evidence and monitor what is actually published.

Because when an Instagram Reel or TikTok video becomes unlawful, the fact that someone else pressed the “Post” button does not necessarily mean the brand escapes liability.