ADVERTISING IN FOREIGN LANGUAGE WITHIN THE SCOPE OF TURKISH LAW

In the area of advertising, according to Turkish Law, language serves as a crucial tool for ensuring consumer clarity and protection. While there are no explicit bans on foreign language use, it’s essential to align with regulations outlined in the Consumer Protection Law (in Turkish “Tüketicinin Korunması Hakkında Kanun”) and related regulations.

After careful examination of the Consumer Protection Law, theCommercial Advertising and Unfair Commercial Practices Regulation (in Turkish “Ticari Reklam ve Haksız Ticari Uygulamalar Yönetmeliği”) and the Advertisement Board Decisions (in Turkish “Reklam Kurulu Kararları”), it has been determined that there are no specific rules banning the use of foreign languages in advertisements. However, the prevailing legislation mandates that advertisements must not contain content that could directly or indirectly mislead, deceive or take advantage of consumers’ lack of experience and knowledge.

According to Article 61(3) of the Consumer Protection Law, “Advertisements that are deceptive to the consumer, exploit the consumer’s lack of experience and knowledge, endanger life and property safety, encourage acts of violence and crime, impair public health, or exploit patients, the elderly, children, and the disabled, shall not be made.”

Moreover, as stated in Article 7(3) of the Commercial Advertising and Unfair Commercial Practices Regulation, “Advertisements must be prepared considering the average consumer’s level of perception and the possible impact of the advertisement on the consumer.” Furthermore, Article 7(5) specifies that “Advertisements must not contain any statements or images that could directly or indirectly mislead the consumer, particularly in the cases listed below.”

1. Advertisements must be truthful and honest.
2. Advertisements should be prepared with economic and social responsibility in mind and should not lead to unfair competition.
3. Advertisements must be prepared considering the average consumer’s level of perception and the potential impact of the advertisement on the consumer.
4. Advertisements cannot abuse consumer trust or exploit their lack of experience and knowledge.

and so forth.

Given the potential for varying levels of experience and knowledge among consumers, it is crucial to ensure that advertisements do not mislead or deceive any segment of the population. Considering that not all consumers are proficient in foreign languages, it is recommended that advertisements be presented in Turkish, or, as an alternative, in both Turkish and the foreign language, to prevent any possible complaints regarding misleading information.

Therefore, all forms of advertisements made by written, visual, audio, or any other similar means, that aim to introduce, guide, or persuade the target audience, should be prepared in Turkish. This includes slogans and taglines intended for consumer engagement, which should also be presented with a Turkish translation. As a matter of fact, according to expert opinion of the Advertisement Board, which is affiliated with the Ministry of Commerce, any means of communication provided to the consumer regarding the product or service offered, whether for marketing purposes or not, may only be presented in foreign language if the Turkish version is also included.  In case it is presented only in foreign language, it may lead up to a complaint to the Advertising Board that may result in ceasing the advertisement.

Our Law Firm remains at your disposal for any further clarifications you may need.

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