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24.10.2023

First Decision on AI Based Advertisements

At its meeting dated 12.09.2023 and numbered 337, the Advertisement Board has imposed administrative sanctions related to advertisements containing a reference to ChatGPT.

In the cases subject to the decisions, the advertising companies used the following statements: "According to ChatGPT, Turkey's biggest fashion retail brand is ...", "We asked ChatGPT and got the only correct answer...", "... According to ChatGPT, Turkey's most iconic private television channel is ...". The Board emphasized that these advertisements, containing such statements, lack objective research results and up-to-date or definitive information. Therefore, these advertisements could be misleading for consumers.

According to the Board, these advertisements do not contain research results from independent research, testing and evaluation organizations that confirm the relevant statements. Additionally, when the confirmation is requested regarding the statements, ChatGPT’s answers do not correspond to the advertisements. The Board also rejected the argument that these statements had been intended for humour rather than being considered as part of commercial advertising.

As a result, the Board has stated that the advertisements in question are in violation of the Commercial Advertising and Unfair Commercial Practices Regulation and decided to impose a suspension penalty to the advertisements.

Ekin Çıray

Oğuzhan Başak