Advertising Board Decision on Sharing Images During Medical Intervention and After Treatment

File No: 2023/7533

Complainant Dt. xxxxxxx

Complained Advertisement: Promotions published on the social media site Instagram through the account named “xxxxxxx” belonging to the person

Advertisement Publication/Access Date: 11.09.2023

Published on: Internet

Detections: In the view of the promotions subject to review dated 11.09.2023, it was determined that images of patients after treatment, images of patients during surgery or medical intervention and in the operating theatre were included.

Evaluation/Decision: As a result of the examinations made, it has been evaluated that in the appearance of the promotions subject to the review dated 11.09.2023, images of patients after treatment, images of patients during surgery or medical intervention and in the operating theatre, these and similar promotions; It has been evaluated that the activities of the person carrying out the profession of medicine have a commercial appearance, create demand for medical procedures and therefore exceed the limit of information and promotional activities permitted by the relevant legislation,

Therefore, the promotions under review;

• Article 40 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 24 of the Regulation on Private Health Institutions Providing Oral and Dental Health Services,

• Articles 5/1-a, 5/1-d, 5/1-e, 5/1-g, 5/2, 7/1-a, 7/1-b, 7/1-c, 7/1-e, 7/1-g, 7/1-h 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 Dt. xxxxxxx , it has been decided to impose an administrative fine of 347.128-TL (Three hundred forty-seven thousand one hundred and twenty-eight Turkish Liras) and to suspend the aforementioned advertisements in accordance with Articles 63 and 77/12 of the Law No. 6502.

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