Lawyer-Mediator-Brand and Patent Attorney-Family Consultant Ayşe Dilek Ergüler, a speaker at the conversation titled "Freedom of Communication" organized by the Advertising Department, gave a talk on fundamental rights and freedoms within the scope of advertising. The event, moderated by Advertising Department Research Assistant Aydan Ünlükaya, was held on Friday, January 29, 2021, between 11:00 and 12:00 on Google Meet.
Ergüler started the conversation by informing about the Personal Data Protection Law (KVKK), which is a law that people frequently encounter today. The conversation proceeded through Ergüler's information on fundamental rights and freedoms, freedom of thought, opinion and expression, freedom of the press, commercial advertising, misleading advertising, Consumer Law, children and advertising, ethics and advertising, and KVKK.
Stating that the fundamental rights and freedoms of a person are "right to life, right to health, right to education, freedom of thought, freedom of belief, right to worship, right to privacy and economic rights", Ergüler stated that the right starts with the birth of the person and ends with his death. She emphasized that right is a universal concept. Ergüler listed the characteristics of fundamental rights and freedoms; “They are intangible, inalienable and indispensable. It is a whole. One cannot be without the other.” and stated that fundamental rights and freedoms cannot be limited. At this point, however, she emphasized the limit of freedom by stating that where the concept of freedom begins, where the rights and freedoms of others begin, our rights and freedoms will end.
Ergüler explained with examples over the access ban on Twitter and YouTube experienced in recent years that RTÜK may decide to cancel the broadcast when it thinks that the fundamental rights and freedoms of the person are interfered with. However, she stated that these access bans were also unconstitutional and these platforms were opened again. Accordingly, Ergüler stated that our freedom has a limit, but the main rule is our freedom to express our opinion. The talk focused on the laws and boards that regulate the conditions under which this freedom can be limited.
Stating that advertising is a mass communication profession, Ergüler stated that “commercial advertising”, one of the marketing communication elements, is a tool to convince the target audience and is regulated within the framework of the Consumer Law. She said that commercial ads; “It should be done in accordance with the "principles determined by the Board of Advertising, general morality, public order, personality rights". She stated that “Commercial ads; must be true and honest. It should not contain erroneous information. It should not be abusive. It should not deceive the consumer. It should not endanger the life and property of individuals, nor should it encourage violence and crime. In addition, it should not contain things that harm the general public health.” Ergüler explained with examples that misleading advertisements that are made without indicating that they are advertisements are prohibited by law, but that they are made in an uncontrolled way on social media platforms today. On the other hand, Ergüler stated that there are many laws, regulations and boards in our country for the regulation of advertising.
Ergüler, who conveyed to our students that special attention should be paid to advertisements for children, emphasized that the most severe form of criminal sanctions is being excluded by the society by emphasizing the issue of advertising and ethics.
Our name, surname, address, age, photo etc. stating that personal data cannot be used without the consent of the individuals and that the KVKK brought in this direction is a law for the collection and processing of personal data, Ergüler emphasized the Whatsapp crisis experienced in the past days.
Ergüler lastly; “When we say mass media freedom, we are free but we have limits. We are free, but we have to pay attention to moral principles. We are free but we have to protect the children. We are free, but we should not exploit needy individuals.. We are free, but we shouldn't mislead other people.” she emphasized the things to be considered in freedom of communication. Ergüler answered the questions of the students who attended the event at the end of the event.
The event was ended after Research Assistant Aydan Ünlükaya thanked Lawyer-Mediator-Brand and Patent Attorney-Family Consultant Ayşe Dilek Ergüler.
