Legal and Ethical Implications of the Use of Social Media by (Doctor Influencers) Medfluencers Navigating Liability and Regulations

Abstract

In this digital era, content creators have become powerful actors in influencing the opinion and purchasing power of the masses. This poses a huge regulatory concern due to ease of access to the content curated by the creators and the huge number of people who have easy and unrestricted access to this information. This regulatory gap is magnified in the context of medically qualified doctors who have a huge following on social media/“Medfluencers” which they use to dissipate information and sometimes even influence the purchasing power of the followers. The magnitude of followers and the commercial aspect of the presence of doctors on social media raises significant legal and ethical questions. This paper critically analyses the rights and duties of Influencer Doctors with particular focus on the “Right to Commercial Speech” and the advertising ban on Doctors in India by drawing on the empirical evidence collected by analysing the content posted by Doctors who practice in India.