Advertising Board Decision on Image Sharing Before and After Treatment

File No: 2023/386

Complainant Uzm. Dr xxxxxxxx

Complained Advertisement: Promotions published on the website www.drxxxxxxx.com and the social media platform Instagram through the account named “uzm.dr.xxxxxxx”

Advertisement Publication/Access Date: 11.09.2023, 20.11.2023

Published on: Internet

Findings For example, in the 11.09.2023 dated view of the promotions published through the account named ”uzm.dr.xxxxxxx” on the social media channel named Instagram, the subject of the review, together with the images of the ”Miss Queen of Turkey” contestants, ”…his clinic is on the 29th floor of this building at 1071. Together with our contestant girls, all together to Dr xxxxxxx’s clinic…” and the statements of the contestants in the form of ”Miss Quenn of Turkey Specialist Doctor xxxxxxx, Pharmacist xxxxxxx” were included in the practice, and the images of the patients before and after the treatment were included in the said promotions,

In addition, on the website www.drxxxxxxx.com dated 20.11.2023, for example, ”GATA UZM. DR. xxxxxxx”, ”Certified Physician in Acupuncture and Ozone Combination. Quality Product, Professionalism. Being the Best is Only Thanks to Your Trust.”, ”If you are looking for a Facial Rejuvenation Doctor, you are in Professional Hands.”, ”…GATA EQUIPMENT EXPERIENCE…”, ”Ankara PRP, hair PRP, ozone therapy, acupuncture, cupping, cupping, infection and microbiology is an authorised doctor in the fields. We aim to protect you from unauthorised persons and institutions by breaking all negative economic conditions and obstacles in Ankara. How? In Ankara, with the experience, discipline, skills and knowledge of the highest ranking doctors of the GATA school, Colonel Uzm. We respond to our patients seeking healing with Dr xxxxxxx. Our mission is to keep your health and satisfaction above all else and to ensure that you benefit from the highest quality health services with the most economical conditions. In this way, we aim to achieve the result of our mission by protecting our people from unauthorised persons and institutions…”, ”The rules of medicine are specific to the individual as well as the general. We reveal your health and beauty without making you look like anyone else…”, ”I found him while looking for an allergy doctor in Ankara. He is a very good doctor who found my formaldehyde allergy. I went knowing the success of the GATA school in the field of mesotherapy and aesthetics. It is very difficult to find these doctors now. I am glad you are there, teacher. I can breathe easily now. With love.”, ”…Colonel Uzm. Dr. xxxxxxx I was convinced about my doctor when I learned that our doctor carries a label such as GATA. I can say this much that I think he is the best doctor about allergies not only for Ankara but also in Turkey…”, ”When it comes to skin rejuvenation mesotherapy doctor in Ankara, I think Uzm. Dr xxxxxxx teacher is the only one. I saw that he was very successful by testing. He is among the best doctors in his field…”, ”Ankara ozone therapy while researching Uzm. Our paths crossed with Dr xxxxxxx on the internet. It is the doctor who applies the ozone therapy procedure in terms of patient comfort in the most painless way…” statements and patient comments such as,

On the other hand, it has been determined that the phrase “medical aesthetics” is included in the “About” section of the account named “uzm.dr.xxxxxxx” on the social media platform named Instagram.

Evaluation/Decision: As a result of the examinations made, in the promotions published through the account named “uzm.dr.xxxxxxx” on the social media channel named Instagram, which is the subject of the review, images of the patients before and after the treatment are included, and in this way, referral to the practice is made, in addition, on the website www.drxxxxxxx.com, demand-generating expressions and patient comments are included,

On the other hand, on the social media channel named Instagram, ”uzm.dr.In the “About” section of the account named “xxxxxxx”, the phrase “medical aesthetics” is included, but in the certificate of conformity issued on behalf of the practice, the relevant physician’s duty is stated as “Infectious Diseases and Clinical Microbiology” and “Traditional and Complementary Medicine Practices Unit Authorisation Certificate” is issued on behalf of the practice and the person, On the other hand, it has been evaluated that no document has been submitted to the Ministry that the person is authorised in the field of “medical aesthetics” applications, therefore all these promotions are of a nature that imposes a commercial appearance on the activities of the person carrying out the profession of medicine, creates a demand for medical procedures and therefore exceeds the limit of information and promotional activities permitted by the relevant legislation,

Therefore, the promotions under review;

• Article 24 of the Law No. 1219 on the Practice of Medicine and Medical Practices,

• Articles 8, 9 and 39 of the Medical Deontology Regulation,

• Article 5/1-c of the Regulation on Job and Job Descriptions of Health Professionals and Other Professionals Working in Health Services,

• Article 29 of the Regulation on Private Health Institutions for Outpatient Diagnosis and Treatment,

• Articles 5/1-a, 5/1-c, 5/1-ç, 5/1-d, 5/1-e, 5/1-e, 5/1-f, 5/1-g, 5/1-ı, 5/1-l, 5/2, 7/1-a, 7/1-f, 7/1-h and 7/1-i of the Regulation on Promotion and Information Activities in Health Services,

• Articles 7/1, 7/2, 7/3, 7/4, 7/5-b, 26 and 32 of the Regulation on Commercial Advertising and Unfair Commercial Practices,

• Article 61 of the Law No. 6502 on the Protection of Consumers is contrary to its provisions,

Accordingly, the advertiser Uzm. Dr. xxxxxxx, pursuant to Articles 63 and 77/12 of the Law No. 6502, an administrative fine of 347.128-TL (Three hundred and forty-seven thousand one hundred and twenty-eight Turkish Liras) and stop the aforementioned advertisements

This content has been automatically translated into English from the Turkish original.