The National Medical Commission issued new guidelines to regulate advertising by doctors and hospitals, banning self-promotion, misleading claims, celebrity endorsements, and setting rules for AI-generated promotional content to preserve professional dignity.
The National Medical Commission (NMC) has issued detailed guidelines to regulate advertising and digital communication by hospitals, medical institutions and registered medical practitioners (RMPs), prohibiting self-promotion, misleading reviews and testimonials, celebrity endorsements and deceptive claims, while also laying down rules for the use of artificial intelligence (AI) in healthcare promotion.
Objectives of the New Guidelines
According to a public notice issued by the NMC on guidelines framed for Ethical Advertising and Public Communication by Hospitals/Medical Institutions and Registered Medical Practitioners, the objective is to preserve the dignity of the medical profession, prevent commercialisation of healthcare and protect patients from misleading medical claims. The notice said the guidelines seek to “Preserve dignity of the medical profession. Prevent commercialization of health care. Protect patient interest and prevent misleading medical claims. Ensure healthcare communication remains informational, ethical and evidence-based. Align hospital advertising practices with professional standards applicable to Registered Medical Practitioners. Promote transparency while discouraging commercialization of medical care, regulate digital healthcare promotion. Ensure ethical practice across all svstems of medicine etc.”
The NMC said the objective behind the guidelines on ethical advertising is to ensure ethics and transparency in healthcare communication. “These Guidelines are framed to regulate advertisements and digital communications relating to medical practice and healthcare services in an ethical, truthful, transparent and responsible manner. They aim to protect patients and the public from misleading or unsubstantiated claims, safeguard patient privacy and autonomy, and uphold the dignity and integrity of the medical profession.”
Social Media and Professional Ethics
The guidelines also specifically address the use of social media by RMPs and clinical establishments. Under the prohibited advertising practices for RMPs and clinical establishments, the NMC said, “RMP/ Clinical Establishments should use social media in the most responsible manner and with the sole intention to balance public dissemination of information with utmost enforcement of patient integrity along with stringent adherence to professional ethics.”
Restrictions on Artificial Intelligence (AI)
The guidelines also place restrictions on the use of AI for commercial promotion. “Al Generated promotional campaign for furtherance of commercial interest is prohibited. Any Al generated promotional content conforming to the provisions of these guidelines. The Regulations. and applicable Clinical Establishment Act and rules framed thereunder/ any other State Act as applicable, shall compulsorily carry the source mark, explicitly stating that the origin of the content is Al. AI-generated or AI-assisted content- shall not be used by an RMP or hospital/medical institution to create or disseminate misleading, deceptive or unverifiable representations concerning diagnosis, treatment.”
The NMC said AI has been specifically recognised within the guidelines. “The guidelines define Artificial Intelligence (AI) and specifically include AI-generated promotion within the advertising/communication framework.”
Broad Definition of Advertising
The guidelines adopt a broad definition of advertising and communication, covering social media, websites and blogs, WhatsApp, Telegram, Facebook and other messaging platforms, podcasts and influencer marketing. They also cover digital marketing campaigns, sponsored posts, AI-generated promotion, public interviews, news articles intended for promotion, online healthcare platforms, and audio-visual and digital communication.
The NMC further makes clear that responsibility cannot be avoided by using third-party promoters or influencers, stating that “publishing through an influencer doesn’t shift responsibility”. (ANI)
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