427 MISCELLANEOUS internet service companies to provide internet service; however, consumers are not obliged to purchase home phone and internet service together and, therefore, the referred advertisements do not reflect the truth, and constitute a violation of fair competition principles.2 Deceptive Advertisements In accordance with Article 61/3 of Law No. 6502, commercial advertisements that deceive the consumer or exploit their lack of experience and knowledge shall not be made. In this context, giving false information about the content of goods and services, materials used, product type, date and place of production, price, and geographical and commercial origin of the product constitutes misleading advertising.3 For example, advertisements are considered to be deceptive if the date of establishment of the undertaking does not match the truth, if it is claimed that the undertaking is the oldest or the most experienced in the market, the claims regarding the size and capacity of the undertaking do not reflect the truth, or the prices declared are lower than their actual prices.4 For example, in a decision of the Advertisement Board regarding the facility named “Asmalı Bahçe Pansiyon” which does not have a Boutique Hotel Tourism Business designation from the Ministry of Culture and Tourism, the advertisements on the websites www.tripadvisor.com.tr and www.trivago.com.tr, as “Asmalı Bahçe Boutique Hotel” are evaluated as deceptive and misleading.5 Covert Advertising According toArticle 61/4 of LawNo. 6502, it is forbidden to make covert advertisements through all kinds of communication tools, such as audio, written and visual. Covert adverting is defined as “Including 2 Advertisement Board, Meeting Decision No. 240, File No. 2015/103208.09.2015. 3 Aydoğdu, Murat: Tüketici Hukuku Dersleri, Adalet Publication, 1st ed., Ankara, 2015, p. 84. 4 İnal, Emrehan: Reklam Hukuku ve Aldatıcı Reklamlar, Beta Publication, İstanbul, 2000, p. 105, 106. 5 Advertisement Board, Meeting Decision, No. 297, File No. 2018/7512, 12.05.2020.
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