NEWSLETTER-2021

425 MISCELLANEOUS or printed, will be attached to the petition. The images of those that cannot be added to the application form are expected to be provided by the applicant. Criteria Evaluated by the Advertisement Board Article 61 titled “Commercial Advertising” of Law No. 6502 determines the basic principles that commercial advertisements must comply with. The basic principles have been evaluated in light of the Commercial Advertising Regulation and sample Advertisement Board decisions, below. Compliance with Public Morals According to Article 61/2 of Law No. 6502, it is essential that commercial advertisements comply with the principles determined by the Advertisement Board and public morals. Although it is stated within the scope of the referred to Article that advertisements must be appropriate for public morals, no specific regulation has been made on the criteria of compliance with public morals. The criterion of compliance with public morals is detailed with Article 5 of the Commercial Advertising Regulation titled “Basic Principles”. Accordingly, (i) the ads cannot exploit the fears and superstitions of consumers, (ii) the ads cannot contain expressions or images of patients before and after treatment, and (iii) the ads cannot use expressions or images that exploit patients, children, the elderly and disabled people. Compliance with Public Order In accordance with Article 61/2 of Law No. 6502, commercial advertising must comply with the public order. Similar to the principle of compliance with public morals, the criterion of compliance with the public order has not been explicitly regulated within the scope of Law No. 6502. However, within the scope of Article 5 of the Commercial Advertising Regulation, the advertisements (i) shall not be in a nature to harm public health, (ii) shall not contain elements that disrupt the public order, cause violent acts or illegal or condemned behavior, condone, encourage, or support these behaviors (iii) shall

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