NEW AMENDMENTS TO THE TURKISH BAR ASSOCIATION REGULATION ON THE BAN ON ADVERTISING

The ban on advertising in the legal profession has long been subject to various limitations to preserve the public-service nature of the profession and its ethical framework. Accelerating digitalisation, widespread use of social media, and growth in online legal services have made it necessary to restructure the rules on the advertising ban.

Through the "Regulation Amending the Union of Turkish Bar Associations Regulation on the Ban on Advertising", published by the Union of Turkish Bar Associations on 2 May 2026, a new institutional mechanism was created for identifying and following up advertising ban violations. In this context the "Centre for Monitoring Advertising Ban Violations" was established, aiming at centralised oversight of such violations.

Under the new rules, advertising ban violations are envisaged to be monitored not only by local bar associations but also by a central supervisory mechanism. While this serves the purpose of protecting the ethical structure of the profession, it also raises legal debates regarding freedom of expression, protection of private life, and the principle of proportionality.

This bulletin examines the amendments from the perspectives of advocates' law, disciplinary law, freedom of expression, and proportionality.

1) Legal basis of the advertising ban in the legal profession

The main statutory basis for the advertising ban is Article 55 of the Attorneys' Act No. 1136, which requires advocates to refrain from conduct of an advertising nature aimed at obtaining work.

The principal objectives of the ban are:

  • Protecting the honour of the profession,
  • Preventing unfair competition,
  • Preventing legal practice from acquiring a commercial appearance,
  • Preserving public confidence in the judiciary.

The Union of Turkish Bar Associations Regulation on the Ban on Advertising sets out the detailed rules for implementing the ban, including in particular signage, website content, social media posts, and media visibility.

2) The "Centre for Monitoring Advertising Ban Violations" introduced in 2026

A. Content of the new regulation

The amendment published in the Official Gazette on 2 May 2026 added Article 12/A to the Regulation on the Ban on Advertising. That article establishes the Centre for Monitoring Advertising Ban Violations.

According to the new rules, the Centre will:

  • Identify alleged violations occurring in written, audio, visual, and online communication channels, report to the Union of Turkish Bar Associations, and follow the process before the relevant bar associations.

The Centre will consist of five members appointed by the Union's Board of Directors for terms of up to two years; members must not have been subject to a disciplinary penalty.

B. Legal implications of the supervisory system

The new regulation makes it possible to monitor advertising ban violations at central level. Whereas oversight was previously exercised largely by bar associations, an institutional follow-up mechanism has now been created within the Union of Turkish Bar Associations. The main aims of the system are:

  • Ensuring uniform application,
  • More effective supervision of violations originating on social media,
  • Accelerating disciplinary proceedings.

The Centre's broad supervisory powers may, in practice, have a deterrent effect on advocates' digital visibility. For this reason, principles of proportionality, legal certainty, and predictability must be respected in disciplinary enforcement.

3) Conclusion

Recent amendments to the Regulation on the Ban on Advertising, particularly in 2026, constitute significant steps addressing the digitalisation of the legal profession.

The Centre for Monitoring Advertising Ban Violations centralises oversight of the advertising ban and substantially strengthens the disciplinary system. At the same time, the reform raises various legal debates regarding freedom of expression, proportionality, and advocates' professional visibility.

In the period ahead, the practice of bar associations, decisions of disciplinary boards, and judicial review will be decisive in defining the concrete boundaries of the advertising ban.

You may access the Official Gazette containing the amendment to the Regulation through official channels.