The Guideline on Consumer Reviews Has Been Published

The Guideline on Consumer Reviews (“Guideline”), enacted by the Advertisement Board at the meeting dated 12.09.2023 and numbered 337, has recently been published. The purpose of the Guideline is to inform advertisers, advertising agencies, media organizations and persons, institutions and organizations engaged in advertising activities on fundamental principles regarding consumer reviews, obligation of informing consumers and procedure for checking reviews before publication, along with commercial practices that are deemed misleading, and applicable responsibility and liability regime.

Highlights of the Guideline 

“Consumer reviews” are defined as statements, endorsements and rating practices expressed by consumers on the internet communicating any kind of consumer experience pertaining to a purchased product or service or a seller or provider or intermediary service provider.

Consumer reviews may pertain to the products or services purchased by consumers, and also to other aspects of the experience related to seller, provider, or intermediary service provider offering the relevant products or services, as well as supplementary agreements such as delivery, credit, and insurance services in relation to the offered goods or services.

Only consumers that purchase the product or service shall be allowed to leave reviews in case of online reviews published on the internet.

Any kind of service agreement or collaboration with third parties agreeing on sharing untrue reviews or using expressions or signs of endorsement in an aim to increase demand for or to cause an adverse negative impact on a product or service or a seller, provider or intermediary service provider are prohibited.

Terms and conditions for publishing consumer reviews may not be set in a manner that prevents consumers from posting reviews or that only allows reviews related to certain topics. Procedure for checking reviews before publication must be reasonable and proportionate. Consumers must be informed of the terms and conditions for publishing consumer reviews and the checking procedure in a clear and understandable manner.

The following acts are considered misleading and are not allowed to be published:

• Signs and expressions indicating appreciation or endorsement for posts shared on social media account of a seller or provider uttered only in return of benefits provided to those uttering the review,
• Reviews for products or service other than the purchased ones,
• Reviews for different sellers or providers other than those who sold the products.

Publication of negative reviews must not be suppressed by way of interfering with the procedure of collecting and processing consumer reviews and creating links with other websites. Sellers, providers, or intermediary service providers are prohibited from engaging in practices aimed at manipulating consumer reviews.

Consumer reviews containing health claims contrary to the relevant law must not be published. In this scope, use of health claims on a product or service offered for sale should not be permitted.

Evaluation

Regulation on Commercial Advertisements and Unfair Commercial Practices was amended on February 1, 2022 and specific rules for consumer reviews and publication of consumer complaints were introduced to Turkish Advertising Law then. The Advertisement Board effectively monitors consumer reviews. The Guideline, reflecting on the Advertisement Board's perspective on comments, complaints and ratings and their sorting, which play a crucial role in consumers' buying preferences and affect their purchasing decisions, guide advertisers in complying with the legislation and help establishing a uniform practice by the Advertisement Board.