In today’s digital age, social media and digital marketing have become vital tools for healthcare professionals to grow their practices. Platforms such as Facebook, LinkedIn, Twitter, Instagram and practitioner websites provide valuable opportunities for healthcare professionals to educate the public and actively engage with the community.
However, the growing prevalence of social media also amplifies the risks to patient confidentiality. Practitioners must exercise caution to prevent unintentional data disclosures and remain vigilant in their communications, as comments about patients, colleagues, or employers can quickly reach a broad audience. It is equally important for practitioners to consider how they present themselves and their practices to the public, ensuring professionalism at all times.
Strict adherence to applicable legislation and professional guidelines is essential to mitigate potential legal risks and uphold the integrity of the medical profession.
Legislation And MMC Guidelines
Section 108 of the Private Healthcare Facilities and Services Act 1998 provides that:
“No private healthcare facility or service or health-related facility or service shall publish any advertisement –
(a) in such a manner as to mislead the public on the type or nature of the healthcare facilities or services or health-related facilities or services vided; or
(b) which is contrary to any direction on advertisement issued by the Director General.”
Advertisements should be an accurate representation of the healthcare facility or the service that is being offered.
The MMC Code of Professional Conduct (2019) and Good Medical Practice Guidelines (2019) lay down the rules concerning advertising, canvassing and related professional misconduct. Among the key provisions, a registered medical practitioner must not:
· Advertise with the intention of soliciting patients
·Advertise to promote their own professional advantage
·Publish materials containing laudatory editorial references
·Engage in self-aggrandisement or self-promotion, such as claiming to be the "best doctor in town," "most experienced," or "most skilled," particularly when accompanied by derogatory remarks about colleagues, as such behaviour is considered unprofessional and demeaning
·Use clinical patient materials in medical publications or conferences in a manner that reveals personal details of the patient. Photographs, if used, must not display identifying facial or physical features unless consent has been obtained from the patient
·Improperly disclose confidential information obtained from or about a patient, except where the patient has provided written consent.
Challenges Of Social Media
According to the Malaysian Communications and Multimedia Commission, 92.7% of the population in Malaysia are internet users. Notably, the majority of internet users engage in online networking, with Facebook, Instagram, and YouTube being the most popular platforms. LinkedIn unexpectedly experienced a growth spurt in the number of people using its platform, from 10.8% in 2020 to 21.6% in 2022[1].
A significant concern regarding the use of social media is the spread of inaccurate health information. There have been numerous cases where individuals, both with and without medical qualifications, yet highly influential, share misleading or false information. This growing trend can lead to harmful consequences on a large scale. For instance, a seller may falsely claim that their "miracle pill" can cure diabetes. Social media has also been identified as a platform that supports and promotes dangerous health beliefs, such as advocating for unassisted home births or the refusal of routine vaccinations for children[2].
In this respect, practitioners ought to be familiar with the MMC Guidelines on Dissemination of Information by the Medical Profession (MMC Guideline 001/2006). Always fact-check any health-related information before sharing it online. Ensure that the sources are credible and based on scientific evidence.
MMC Disciplinary Action
The MMC publicly lists disciplinary actions taken against medical practitioners on their official portal each year, serving as a reminder of the importance of upholding professional standards. With this in mind, below are a few examples of disciplinary action taken against practitioners for various advertising and confidentiality breaches:
Example: Dr A
Dr A was charged with advertising and canvassing that by:
(i)put up a post on Facebook in 2016, wherein he had advertised his skills for the purpose of promoting his own professional advantage as a medical practitioner[3];
(ii)made derogatory remarks about the practice of medicine in Malaysia – he had procured and/or sanctioned and/or published articles deprecating the professional skills, knowledge and services of other members of the medical profession, for the purpose of promoting his own professional advantage[4];
(iii) promoted traditional/complementary products through Facebook postings, claiming these products to be of value in the prevention or treatment of medical conditions, without proper research being carried out to prove the safety and/or efficacy of these products[5];
(iv)permitted his name and qualifications to be included in a poster for a seminar pertaining to traditional methods to be practiced to cure and/or control diabetes[6]; and
(v)provided advice on his Facebook page as to various methods to be practiced to cure and/or control diabetes and/or chronic kidney disease[7].
Example: Dr B
Dr B was charged as she had neglected or disregarded her professional responsibility in the standard of medical care to the patient that she had:
(i) posted comments on her Twitter account containing personal information about her patient, without obtaining the patient’s written consent[8];
(ii) abused the confidence of the patient when she had improperly exposed the patient’s HIV positive status and his sexual orientation[9]; and
(iii) disclosed the patient’s personal information on social media accessible by the public, failing to preserve patient privacy and confidentiality[10].
Example: Dr C
Dr C was charged with conduct derogatory to the reputation of the profession that he had:
(i) improperly disclosed the identity of his patient and/or confidential information by posting the patient’s photographs on the clinic’s Facebook page without the patient’s consent[11]; and
(ii) posted on Facebook false information about the effectiveness of the treatment given to the patient, including the patient’s photograph which had been edited to give the appearance of a better outcome of the treatment than in reality orientation[12].
The MMC’s Disciplinary Board, during its inquiries found Dr A, B and C guilty and ordered that they be reprimanded under Section 30 of the Medical Act 1971.
Using Social Media As A Healthcare Professional
Social media offers healthcare professionals a platform to educate, engage, and connect with peers and the public. However, its use comes with professional responsibilities. Here are a few key principles to follow when navigating social media as a healthcare professional:
1. Maintain professionalism
You have a responsibility to your patients, colleagues and your practice to conduct yourself professionally, both online and offline.
2. Safeguard patient confidentiality
Protect patients' information by not publishing any identifying details, including names, images, or medical conditions, without their written consent.
3. Understand the permanence of online content
Everything you post online may remain permanently accessible. Content in the public domain can easily be copied, shared or misused without your knowledge, regardless of privacy settings.
4. Be mindful of your online presence
Exercise caution regarding how you present yourself and your practice on social media, as this reflects on your professional reputation and integrity.
5. Ensure compliance with MMC Guidelines
Exclude all patient-identifiable information from content shared on social media unless written consent has been obtained. Take all reasonable steps to minimise the risk of patients being identified.
6. Verify content before sharing
Ensure that any information, images, or statements you post are accurate, truthful, and do not mislead the public or promote unverified treatments.
7. Avoid self-promotion and demeaning behaviour
Refrain from engaging in self-aggrandisement, such as claiming to be the "best" or "most skilled," and avoid making derogatory remarks about colleagues, patients or healthcare facilities.
8. Respect professional boundaries
Avoid engaging in inappropriate interactions with patients, colleagues or other healthcare professionals on social media platforms.
By adhering to these principles, practitioners can leverage social media responsibly, maintaining trust, safeguarding patient privacy, and upholding the integrity of the profession.
Conclusion
Practitioners must exercise caution when using social media, ensuring that patient privacy is always safeguarded and that content shared does not mislead the public or breach professional standards. By understanding and complying with the relevant legislation and guidelines, healthcare professionals can leverage digital platforms responsibly, protecting both their patients and their professional reputation.
Breaches of these obligations can have serious consequences. A mindful and ethical approach to social media use is essential to maintaining trust in the medical profession.
[1] Internet Users Survey (2022)| Malaysian Communications and Multimedia Commission (MCMC) Available from: https://mcmc.gov.my/skmmgovmy/media/General/IUS-2022.pdf
[2] Ahmad Tajuddin NAN, Suhaimi J, Ramdzan SN, Malek KA, Ismail IA, Shamsuddin NH, et al. Why women chose unassisted home birth in Malaysia: a qualitative study. BMC Pregnancy Childbirth. 2020 Dec;20(1):309
[3] contrary to section 4.1.1 MMC Code of Professional Conduct
[4] contrary to section 4.1.1 MMC Code of Professional Conduct
[5] contrary to section 5.10 MMC’s Guidelines on the Dissemination of Information by the Medical Profession
[6] contrary to section 4.1 MMC Code of Professional Conduct
[7] contrary to section 4.1.1 MMC Code of Professional Conduct
[8] contrary to section 1.5 MMC Code of Professional Conduct
[9] contrary to section 2.2.2 MMC Code of Professional Conduct
[10] contrary to section 3.2.6 MMC’s Good Medical Practice
[11] contrary to section 3.2 MMC’s Good Medical Practice
[12] contrary to section 3.2 MMC Code of Professional Conduct
12 February 2025