Author: Shaik Umarfarooq, Lovely Professional University
To the Point
In today’s world, social media plays a big role in almost every profession, including healthcare. Many doctors and medical professionals in India now use platforms like Instagram, YouTube, and Facebook to reach the public. Some do it to share helpful health tips or raise awareness about diseases. But a growing number are using it to gain followers, popularity, and even money.
This trend has created a serious concern some doctors are sharing videos and photos of patients without properly protecting their privacy. In many cases, this goes against ethical rules and even breaks the law. This article looks into how medical influencers in India are sometimes putting fame before ethics, and why this is a major issue.
Abstract
Medical influencers in India are becoming popular on social media, where they share stories, treatments, surgeries, and even patient experiences. While the goal may be to educate or inspire, many of these posts show patients in ways that could reveal their identity. This raises serious questions about medical ethics and patient consent.
Indian laws such as the Medical Council of India (MCI) Code of Ethics, The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, and The Information Technology (IT) Act, 2000 aim to protect patient privacy. However, they are often not followed or enforced in the online world. This article discusses legal rules, ethical responsibilities, and real-life cases to highlight the urgent need for stronger control and awareness.
Use of Legal and Ethical Jargon
In India, doctors must follow a set of rules called the Code of Medical Ethics. These rules say that doctors should keep all patient information private, unless the patient gives full permission to share it.
Key terms:
Patient Confidentiality: Doctors must not share a patient’s medical information without their permission.
Informed Consent: Patients must fully understand and agree before their data, photo, or video is shared.
Professional Misconduct: If a doctor breaks these rules, they can face action by medical councils or courts.
Section 43A and Section 72 of the IT Act, 2000: These sections protect personal data and privacy online.
MCI Regulations (2002): These say that no patient’s identity or details should be shared publicly without consent.
Even though these laws exist, some doctors still post photos and videos of patients without proper consent or understanding.
The Proof
Let’s take some real-life examples:
1. A dermatologist in Mumbai posted a video on Instagram showing a patient’s acne treatment. Although the face was blurred, the voice and background made the patient identifiable. It turned out the patient didn’t know her video would be posted online.
2. A plastic surgery clinic in Delhi posted before-and-after surgery photos of a woman without her clear written consent. She later found out and filed a complaint, claiming her privacy was violated.
3. In a viral TikTok-style video (before the app was banned in India), a group of nurses were seen dancing next to a patient in a hospital bed. Though meant as entertainment, the video was widely criticized for being insensitive and unethical.
These examples show that even when faces are blurred or names are hidden, people can still be recognized, especially by friends or family. This breaks the patient’s trust and can be emotionally damaging.
Case Laws
1. Mr. X v. Hospital Z (1998)
The Supreme Court ruled that a patient’s right to privacy must be protected. Even though this case was about HIV status being revealed, it set a strong rule: Doctors must not share private medical information unless required by law or with patient consent.
2. Puttaswamy v. Union of India (2017)
This landmark judgment declared privacy as a fundamental right under Article 21 of the Indian Constitution. Though not a medical case, it applies to healthcare as well. Patients have a right to keep their health information private.
3. Indian Medical Association v. Union of India (2011)
The Supreme Court highlighted the importance of professional ethics in medicine and warned that unethical behavior, including violating privacy, can lead to serious consequences.
These cases show that privacy and ethics are not optional they are legal rights and duties.
What Medical Ethics Say
Indian medical ethics follow four main ideas:
Autonomy: Patients have the right to decide what happens to their body and personal data.
Beneficence: Doctors should always act in the patient’s best interest.
Non-maleficence: Doctors should not do anything that can harm the patient.
Justice: Patients should be treated fairly and respectfully.
When a doctor posts a video or picture without clear consent, they may be going against all of these principles. Even if the goal is to educate or entertain, the patient’s dignity must come first.
Why It Matters Now
Social media is growing fast, and so is the pressure to become famous online. Some medical influencers now act more like content creators than healthcare professionals. They do stunts, make jokes, or show off results to get likes and followers. But this can be dangerous:
Patients may feel ashamed, embarrassed, or angry.
It reduces trust between patients and doctors.
It may encourage young doctors to copy bad behavior.
Healthcare is about healing and trust, not views and clicks.
The Way Forward: What Can Be Done
1. Stronger Rules and Action
Medical councils like the National Medical Commission (NMC) should update rules for social media use and take action against those who break them.
2. Clear Consent Process
Hospitals and clinics should use proper written consent forms that clearly say what will be shared, where, and for how long.
3. Training for Doctors
Medical colleges should teach students about digital ethics how to use social media in a safe and respectful way.
4. Patient Awareness
Patients should be aware of their rights and should not feel pressured to agree to recordings or photos.
5. Platform Responsibility
Social media platforms should remove videos that show patients without consent and take reports seriously.
Conclusion
Doctors are among the most respected people in society. When they post patient videos or photos for attention, they damage that respect and trust. Social media can be a good tool for spreading health awareness, but it should never be used in ways that harm patients or ignore their privacy.
The message is simple: Fame should never come before ethics. A patient’s dignity, trust, and consent are far more important than going viral.
FAQS
1. What is a medical influencer?
A medical influencer is a doctor or healthcare worker who shares medical content on social media.
2. Is it legal to share patient videos online in India?
Only if the patient gives full, clear, and voluntary written consent. Otherwise, it may be a legal and ethical violation.
3. What laws protect patient privacy in India?
Laws like the MCI Code of Ethics, IT Act 2000, and Supreme Court judgments protect patient privacy.
4. What happens if a doctor violates patient privacy?
They can face penalties like suspension, fines, legal action, or losing their medical license.
5. Can patients say no to video recordings?
Yes, absolutely. Patients have full rights to refuse. Doctors must respect that decision.
