07Service 05

Advertising compliance review

Everything published in your name — by you, by your hospital, by your agency, by the directories that list you — checked against the guidelines and the 2002 Code. The output is a list of what to take down and what to refuse. Nobody else in this market sells this.

Why this became the first service rather than the last

Before 6 October 2026 this was hygiene. It is now the service with the clearest value, because the penalties are graded and the clock starts at the first violation. Nobody loses a registration over one post. They lose it over the third. The point of a continuous review is that you never reach the third.

07.1What gets reviewed

Six surfaces, and you only control two of them

SurfaceWhat we find thereWho controls it
Your own site and social accountsTestimonials, superlatives, success rates, before-and-after images, missing disclosureYou
Your hospital’s site and campaignsYour name and photograph used promotionally, achievement framing, outcome claimsYour employer
Your agency’s outputLead-tied fee arrangements, paid placements, bought links, paid rankingsYour contractor
Directories and listing platformsPaid rankings, stale qualifications, reviews you did not solicit but which are displayed as endorsementThe platform
Content published years agoClaims that were ordinary marketing then and are prohibited nowNobody, until someone looks
Collaborations you are being offeredInfluencer approaches, sponsored features, award invitations with a fee attachedYou, for now

The third and fourth rows are the ones that matter most, because the guidelines report that publishing through an agency or platform does not absolve you of responsibility, and that using a third party gives no shield where the content was authorised, commissioned, sponsored, adopted or knowingly permitted by you.

07.2What you are checked against

Eleven instruments, one checklist

6 Oct 2026

NMC Guidelines on Ethical Advertising and Public Communication. Testimonials, superlatives, achievements, AI content, paid rankings, search manipulation, intermediaries, and the graded penalty schedule.

2002

IMC Regulations, Regs 6.1.1, 6.1.2, 7.11 and 7.12. Soliciting, the doctor as subject of publicity, photographs on letterheads and signboards, and the public-health writing permission.

1954

Drugs and Magic Remedies (Objectionable Advertisements) Act. Section 3 and the Schedule of 54 conditions. Six months’ imprisonment on a first conviction, one year on a subsequent one.

2024

UCPMP. Industry funding, gifts, travel and hospitality, and the speaker exception.

29 Sep 2026

ASCI guidelines on labelling synthetically generated content. AI imagery, video and audio must be labelled where it materially influences a decision. Effective about 29 December 2026 — three months from publication. Fabricated endorsements and synthetic exaggeration of results are prohibited whatever the label says.

6 Mar 2025

ASCI influencer guidelines, Addendum II. Health and nutrition claims require relevant qualifications — a medical degree, or certification as a nurse, nutritionist, dietician, physiotherapist or psychologist — disclosed up front. Applies to technical claims only. Date per ASCI’s own guideline index; some legal commentary dates Addendum II 7 April 2025. We have not resolved the discrepancy.

21 Apr 2022

ASCI guidelines on awards and rankings. An advertised healthcare, hospital or treatment award must disclose its published evaluation parameters, the weightings given to each, and — where patient or public perception was an input — the independent study behind it.

13 Jul 2023

ASCI guidelines on disclaimers. A disclaimer cannot correct a misleading claim. Useful when a client wants to rescue a problem sentence with a footnote.

2019 & 2022

Consumer Protection Act and CCPA Guidelines on Misleading Advertisements. Enforceable without the medical council being involved at all.

2023

Digital Personal Data Protection Act. Patient data, consent, and what your enquiry form is quietly collecting.

1994

PCPNDT Act, s.22. No advertisement relating to pre-natal sex determination, in any form. Relevant to any practice touching obstetrics or imaging.

The full list with sources is on the India page. The 6 October guidelines are set out rule by rule on their own page.

07.3Deliverable

Three lists, and a standing answer

OutputWhat it containsWhen
The take-down listEverything currently live that the rules now prohibit, in order of exposure, with the clause each one breachesFirst month
The rewrite listContent that is salvageable, with the replacement wordingFirst month
The refusal listThe collaborations, awards, listings and placements you are being offered, and which to declineContinuous
The contract reviewYour agency and platform agreements, checked for lead-tied fees and paid-ranking arrangementsFirst month
The standing answerA written position on each recurring question, so your team does not have to ask twiceOngoing
Annual re-checkThe whole set again. This changed once in the last three weeks and will change againAnnual
Standing under the rules
What the rules permit
  • Advising you on what published material does not comply
  • Rewriting non-compliant copy into permitted form
  • Reviewing agency and platform contracts for prohibited fee structures
  • Vetting collaboration and influencer approaches and telling you which to refuse
  • Keeping a dated record of what was checked, against which clause

This is a marketing compliance review against published regulation, not a legal opinion. Enforcement sits with the State Medical Council under the NMC Act 2019, with appeal to the Board within 60 days.

What we will not do
  • Act as your lawyer, or tell you that you are legally safe
  • Represent you before a State Medical Council
  • Certify or clear anything — we check, we do not approve
  • Guarantee an outcome of any council or consumer proceeding
  • Continue working with you if you insist on publishing something we have advised against
07.4The exposure

What the clock looks like if nobody is watching

ViolationConsequence
FirstWarning and mandatory ethics training
SecondCensure and monetary penalty
ThirdRegistration suspended, 3 to 6 months
Serious — misleading cure claims, patient inducement, digital mass solicitationSuspension, 6 to 12 months
RepeatedRemoval from the medical register, 1 to 3 years

As reported by Medical Dialogues and The South First, which agree on all five steps. Penalties require a show-cause notice and a reasoned order; appeal lies to the Board within 60 days under s.30(3) of the NMC Act 2019.

The campaign is in your agency’s name. The registration is in yours.

The review is the first thing we do and you keep the list.

If the review finds nothing wrong we will tell you that and charge you nothing for it. We would rather be the firm that found nothing than the firm that invented something.

Sources
  1. Guidelines on Ethical Advertising and Public Communication, NMC Ethics and Medical Registration Board, 6 October 2026 — three independent reports listed on the guidelines page
  2. IMC Regulations 2002, Regs 6.1.1, 6.1.2, 7.11, 7.12 — text
  3. Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, ss.3 and 7 and Schedule — our page
  4. Uniform Code of Pharmaceutical Marketing Practices 2024 — National Medical Journal of India
  5. ASCI Code and Guidelines index, giving sign-off dates for all current guidelines — ascionline.in
  6. ASCI Guidelines for Responsible Labelling of Synthetically Generated Content in Advertising, 29 September 2026 — ASCI press release
  7. ASCI Guidelines for Influencer Advertising, Addendum II — Khaitan & Co via Legal 500
  8. Consumer Protection Act 2019; CCPA Guidelines 2022; DPDP Act 2023; PCPNDT Act 1994 s.22 — all sourced on the India page
  9. National Medical Commission Act 2019, s.30(3) and s.30(4)

Not legal advice. We are a marketing practice. This review tells you where your marketing creates legal questions; a lawyer answers them. Published 22 October 2026 · last reviewed 22 October 2026.