COURTKUTCHEHRY SPECIAL REPORT
India Must Tackle Medical Misinformation: Laws, Checks, and Global Best Practices for Influencer Accountability
Indian Laws Against Misleading Medical Influencers
Global Lessons and How India Can Adapt Them
By Our Legal Reporter
New Delhi: December 111, 2025:
Medical misinformation on social media is becoming a serious public health threat. In Bengaluru, doctors recently warned that patients are suffering kidney damage and paralysis after following unverified remedies promoted online. Globally, experts caution that while medical influencers can educate, they can also mislead if they lack proper credentials.
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This article explores Indian legal safeguards, ways to verify medical advice, and global best practices that India can adopt to protect citizens.
Indian Laws Against Misleading Medical Influencers
- Consumer Protection Act, 2019:
- Defines misleading advertisements as unfair trade practices.
- Influencers and endorsers can be penalized for false claims.
- Supreme Court Ruling (2024–2025):
- In Indian Medical Association vs Union of India, the Court directed mandatory self-declarations in ads.
- Influencers and brands are jointly liable for misleading endorsements.
- Advertising Standards Council of India (ASCI):
- Requires influencers to disclose paid partnerships.
- Medical claims must be backed by scientific evidence.
- Penalties:
- Fines, suspension of endorsements, and even criminal liability for repeated violations.
How Citizens Can Avoid Misinformation
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- Check Credentials:
- Verify doctors on the National Medical Commission (NMC) registry.
- Look for professional qualifications (MBBS, MD, DM).
- Cross-Check Sources:
- Compare advice with government health portals (MoHFW, ICMR).
- Use peer-reviewed journals or WHO advisories.
- Beware of Red Flags:
- Promises of “miracle cures.”
- Advice that discourages evidence-based medicine (e.g., vaccines).
- Follow Trusted Channels:
- WHO, CDC, and India’s Ministry of Health regularly publish verified updates.
Global Best Practices India Can Adopt
- WHO Guidelines:
- Collaborate with tech companies to flag false health content.
- Promote verified accounts for medical professionals.
- Transparency in Influencing:
- In the US and EU, influencers must disclose conflicts of interest.
- Paid promotions require clear labelling.
- Ethical Standards for Medical Influencers:
- Avoid sharing patient details without consent.
- Disclose sponsorships and financial interests.
- Platform Accountability:
- Social media companies in Europe are required to remove harmful misinformation under the Digital Services Act.
- India could adopt similar rules to hold platforms accountable.
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Expert Voices
Doctors in Bengaluru emphasize that government regulation is urgent to prevent harm. International experts warn that conflicts of interest and lack of transparency erode public trust.
Conclusion
India is at a crossroads. While medical influencers can improve health literacy, unchecked misinformation can cause serious harm. By enforcing stronger laws, encouraging citizen vigilance, and adopting global best practices, India can strike a balance between digital freedom and public safety.
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