Recent Development
The Regulation on Commercial Advertisements and Unfair Commercial Practices (the “Advertising Regulation“) was recently amended to introduce brand new provisions on the advertisements of electronic communication services.
Background
Based on Consumer Protection Law No. 6502, the Advertising Regulation is the main legislation on commercial advertisements directed at consumers. The Advertising Regulation provides detailed rules and procedures for commercial advertisements of several types of products and services. With the recent amendments, the Advertising Regulation will now allow direct comparative advertisements as from January 1, 2018, while further restricting advertisements of certain types of products, including electronic communication services.
What’s new?
Article 27 of the Regulation introduces new restrictions and obligations on the advertisement of e-communication services, including the following:
- In the event that the internet speed and coverage zone is stated in an advertisement, it should be expressed that the proposed internet speed and coverage zone may change depending on various factors such as the infrastructure, geographical conditions and location of the building.
- If the proposed internet speeds are achieved under test or laboratory conditions, it must be indicated in the advertisement that the mentioned internet speeds are only effective under such conditions.
- Any fair usage quota, speed quota or other restriction included in the proposed e-communication services should be expressly stated.
The new provision entered into force as of January 4, 2017.
Conclusion
While restrictions on advertising in Turkey have decreased in recent years, advertising of certain products are further restricted due to concerns of consumer protection. Advertisers should take note of these new obligations and fulfill the requirements for the advertising of e-communication services. For a further explanation on the recent amendments on the Regulation, please refer to our previous client alerts January 2017 and December 2016.
