Since social media has turned into a modern mass communication tool, the concepts of advertising and marketing have been brought to a new dimension. Influencers, who promote various products and services by "influencing" their audience through social media, are driving the next generation of advertising activities. Influencers promote a certain product or service with their influence; they are entitled to a fee or a monetary benefit payable by the advertiser, which may be a brand, manufacturer, seller or supplier. In this newsletter article, the legal nature of the influencer contracts executed between influencers and advertisers is evaluated.
Key Features of the Agreement
Parties to the Agreement
The parties to the agreement are an influencer, who undertakes to promote a product or service, and the person who requests the promotion of the product they produce or sell and who advertises through the influencer.
The regulation of the term of “influencer” in Turkish legislation is quite new. Pursuant to Article 4/1/b of the Guideline on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers published on 05.05.2021 by the Advertisement Board that is operating under the Ministry of Commerce, social media influencer is defined as “a person who makes marketing communication in order to provide the sale or leasing of a good or service belonging to them or the advertiser, to inform or persuade the target audience through their social media account.”
