In the advertising sector, liability for misleading
advertisements remain a long running debate among advertisers,
media agencies, and media channels especially during the era of the
new Turkish Consumer Protection Act Nr. 6502 ("New
TCPA") effective as of
28th May of this year. Article 77 of the New TCPA rules
that advertisers, media agencies, and media channels not complying
with the provisions of the New TCPA stipulating the commercial ads
will be sanctioned by the Turkish Council of Advertisement. In
other words, so that the content of an advertisement will not be
interpreted as "misleading" or "deceptive"
underlies a heavy duty.
Digital media, as an emerging popular channel, are also running
the risk to be accountable for the misleading or deceptive
advertisements they created on behalf of their customers. Except
few exceptions, although the revenues digital media channels
generate are incomparable with their customers being the
advertisers by whom digital
