The test is not “are health claims banned” but whether there is a health claim contrary to the product’s own legislation. Article 8/4 puts it this way: radio and television broadcasting services may not include “the sale, marketing and/or advertising of any product with a health claim contrary to its own legislation, including food supplements and similar supporting products”.
Scope: not only food supplements
The phrase “any product” makes the scope very wide. Food supplements are named only as an example; cosmetics, medical devices, herbal products, foods and everyday consumer goods are all covered. What matters is not the type of product but the presence of a health claim in the promotion and the fact that the claim is contrary to the legislation governing that product.
The other three bans in Article 8/4
The paragraph lists four prohibitions together; the health claim is one of them.
- Programmes of the kind in which persons are introduced to and/or brought together with one another for the purpose of finding friends
- The sale, marketing and/or advertising of any product with a health claim contrary to its own legislation
- Promotion of chat, friendship and matchmaking lines and services
- Promises of prizes and rewards under the name of competitions, draws, lotteries and the like, made using premium-rate electronic communication service numbers, local call numbers and other numbers subject to special charges, in a way that misleads viewers and listeners and/or leads to unjust gain, and product promotion, sale and marketing by that method
Article 8/4 was added by Article 60 of Decree Law No. 690 of 17 April 2017 and enacted as it stood by Article 50 of Law No. 7077 of 1 February 2018.
Why the consequences are severe
A breach of Article 8/4 falls within the grave sanction group in Article 32/1. The Law says so expressly: Article 32/1 applies to broadcasting contrary to the listed sub-paragraphs of Article 8/1 “and to the fourth paragraph of the same article”.
| Consequence | Content | Basis |
|---|---|---|
| Administrative fine | 2% – 5% of the previous month’s gross commercial communication revenue; not less than TRY 1,000 for radio and TRY 10,000 for television and on-demand services | Art. 32/1 |
| Administrative measure | Broadcasting of the offending programme suspended up to five times; removal from the catalogue in on-demand services | Art. 32/1 |
| Repetition within one year | Broadcasting suspended up to ten days | Art. 32/5 |
| Second repetition | Revocation of the broadcasting licence | Art. 32/5 |
Do not confuse this with non-prescription medicine advertising
Article 11/3 addresses something different and does not prohibit advertising but shapes it: “Advertisements for non-prescription medicines and treatments shall be prepared within the principle of honesty, consisting of elements that reflect the truth and are capable of verification.” For prescription medicines and treatments, Article 11/2 permits no commercial communication at all; under Article 11/4 teleshopping is not permitted for medicines and medical treatments.
A workable clearance check
The real exposure for a broadcaster is that the burden of checking the advertiser’s claim falls on it. Under Article 32/3 the administrative sanction is not conditional on an investigation even where the act also constitutes a criminal offence; the broadcaster is separately liable for its own breach.
- Does the copy assert a disease name, cure, treatment, prevention or improvement of an organ or function?
- What is the product’s authorisation or notification status — food supplement, medicine or medical device?
- Is the claim one permitted under that product’s own legislation?
- Does the advertisement invoke medical authority — “doctor”, “specialist”, a white coat?
- Will it run in a teleshopping window? (Prohibited for medicines and medical treatments — Art. 11/4)
The ban is not confined to advertising breaks
Article 8/4 speaks of “sale, marketing and/or advertising”, which captures promotion inside a programme as well. Recommending a product in a health programme can fall within the paragraph even without an advertising break.
The alcohol, tobacco and medicine regime is in the prohibited products guide and the premium-rate number ban in the competitions guide.