New Healthcare Advertising Regulation Published: New Rules On Social Media Posts And Patient Rights In Turkey

I. Introduction

Promotional and informational activities in the healthcare sector operate on a naturally complex legal ground. On the one hand, healthcare advertising is required by healthcare institutions and professionals who need visibility and promotion to sustain their commercial existence. On the other hand, there is a constant need to protect patients, safeguard public health and comply with professional ethics. The tension between these two dimensions keeps the question of how far healthcare advertising can legitimately go at the center of legal debate.

In recent years, social media platforms and other digital channels have started to play a decisive role in how patients access healthcare services and choose their doctors or hospitals. This development has exposed the limitations of the existing legal framework in regulating new digital dynamics. Previous rules were widely regarded as insufficient, particularly in relation to covert advertising in the digital space, the use of patient images and sensitive data, and the boundaries of social media engagement. As a result, the need for a new and more comprehensive regulation became unavoidable.

Against this background, the Ministry of Health has issued the "Regulation on Promotional and Informative Activities in Health Services" – the Healthcare Advertising Regulation – ("Regulation"), which was published in the Official Gazette dated 12 November 2025 and numbered 33075 and entered into force on the same date.

II. Changes Introduced by the Healthcare Advertising Regulation: Advertising Ban and the Scope of "Information"

The core of the new legal framework lies in the distinction it draws between "advertising" and "informative" activities. Article 5 of the Regulation prohibits both overt and covert advertising, while at the same time broadening the types of activities that will be considered advertising and setting clear limits on what is allowed as mere information.

2.1. The Advertising Ban and Its Broad Scope

Starting from the principle that health services cannot be treated as a commercial commodity, the Regulation categorically bans explicit competitive conduct and promotional activities that are aimed at generating demand. In this context:

• Health services cannot be the subject of promotional campaigns such as incentives, raffles or gifts (Article 5/1(l)); and
• Promotional materials cannot include information on prices, discounts, campaigns or promotions (Article 5/1(m)).

In addition to commercial restrictions, statements that mislead patients or create an impression of competitive superiority also fall within the scope of the advertising ban. Accordingly, the following types of content are prohibited:

• Content that suggests or creates the impression that the service, device or product offered is "different from or superior to others", or that directly or indirectly directs patients towards a particular service provider;
• Promotional materials and content that mislead or misdirect the public by creating the impression that a healthcare institution accepts and treats patients in specialties other than those for which it is authorised;
• Statements about treatment methods whose effectiveness is not scientifically and clinically proven, not an established medical method or not recognised by the Ministry;
• Use of specialist titles, under any name, based solely on certificates or similar documents other than the main and subspecialty fields defined under Law No. 1219.

One of the provisions that will most directly impact current digital practices is Article 5/1(e). This provision prohibits sharing, on print or visual media, social media platforms, websites and similar channels, any promotional content based on patients' or their relatives' words of thanks or satisfaction regarding the health service.

In practice, this means that the Regulation renders unlawful the use, for promotional purposes, of screenshots of patient reviews, "thank you" messages or satisfaction videos which have so far been widely used as "social proof" in digital marketing.

2.2. Narrowly Defined "Information" and Its Conditions

While the Regulation adopts a broad and strict approach to advertising, it defines a relatively narrow and conditional space for informative activities. Within their Ministry-registered specialties, healthcare professionals may share:

• Their education and training,
• Scientific publications,
• Academic awards,
• Memberships of professional associations and organisations,

provided that such information is objective and verifiable.

In the digital sphere, healthcare professionals and institutions may register on social media platforms or internet search engines provided that these registrations are not paid, sponsored, or designed to stand out. However, keywords used for search engine optimization (SEO) must not be contrary to the advertising restrictions imposed by the Regulation.

Within these limits, organic SEO activities are allowed. By contrast, sponsored/paid Search Engine Marketing (SEM) activities are, as a rule, prohibited. There are only two narrow exceptions to this rule, during the first month following the opening of a healthcare institution; or for the promotion of new medical technologies that are medically recognized by the Ministry.

2.3. Joint and Several Liability in Promotional Activities

Another significant change introduced by the Regulation concerns the liability regime. Healthcare professionals (such as physicians and dentists) and the healthcare institutions where they provide services (hospitals, medical centres, polyclinics, etc.) are held jointly and severally liable for promotional and informative activities that breach the legislation.

In practice, this means that an unlawful social media post by an individual physician may expose not only that physician, but also the affiliated healthcare institution, to administrative and legal sanctions. Consequently, healthcare institutions are expected to strengthen their internal control mechanisms and to monitor physicians' social media activity at an institutional level.

III. Rules and Obligations on the Use of Visual Content

3.1. Healthcare Advertising Regulation & New Restrictions on Visual Content

Article 7 of the Regulation introduces detailed rules regarding all visual content (such as photographs, videos, animations and graphics) used for promotional and informational purposes. These rules apply not only to patient images, but also to non-patient images such as physician portraits or general clinic photographs.

Under the Regulation, it is prohibited to make technological changes or corrections (e.g. filters, retouching) on visual content; and/or to publish such content on a sponsored or paid basis. In addition, for domestic (Turkey-targeted) posts, certain standard warnings set out in the Regulation must be included in a clear and easily readable manner.

3.2. Procedural Obligations and Explicit Consent for the Use of Patient Images

With regard to the use of patient images, the Regulation (in addition to the references made in Article 6 to the Law No. 6698 on the Protection of Personal Data (KVKK) and the Patient Rights Regulation) provides for a specific consent procedure. A standard KVKK consent form is not sufficient. Before any patient image is used, the Regulation requires that the Consent Form for Recording and Processing Visual Content—which is determined by the Ministry and attached to the Regulation—must be obtained.

Under this consent process:

• The patient must be given the opportunity to see the relevant visual content in advance;
• It must be clearly explained that the patient may withdraw consent at any time, unconditionally; and
• It must be guaranteed that refusal to give consent will not affect diagnosis and treatment processes or the fees to be charged in any way.

The Regulation also explicitly prohibits providing patients with any payment, discount or gift in return for such consent.

3.3. Additional Technical Requirements for Before & After Images

In addition to the general rules on patient images, Article 7 sets out special technical conditions for the use of before & after images. In order to use such images:

• Visuals taken before and after the medical intervention must be recorded under the same environmental and technical conditions; and
• Both the date of the medical procedure and the date on which the visual was captured must be indicated on the images.

3.4. Strictly Prohibited Visual Content (Testimonials, Gratitude and Surgery Footage)

The Regulation also categorically prohibits the use of certain types of visual content, regardless of whether the patient has consented. These include:

• Satisfaction and gratitude content: Sharing promotional content based on patients' or their relatives' words of thanks or expressions of satisfaction;
• Surgery footage: Images taken during a medical intervention, procedure or surgery showing the patient;
• Intimate body parts: Images of parts of the body that would be considered contrary to public morals or modesty.

Furthermore, where the use of patient images is permitted under the Regulation, social media posts containing such images must have comments, likes and re-shares disabled. The aim is to prevent patient images from turning, indirectly, into a tool for "social proof" or viral advertising.

3.5. Visual Content in Plastic Surgery and Problematic Consent Practices

The detailed rules on patient images in the new Regulation are not arbitrary or purely theoretical. In practice, particularly in aesthetic and cosmetic procedures, it is very common to see intensive use of patients' pre- and post-operative photographs and videos on social media. Some of these posts are made without any consent at all; others rely on "consent forms" that are so broad, vague or forced that they could hardly be considered valid from a legal perspective.

A common practice is to present the patient, just before surgery, with a one-page form—often signed in a rush—into which a clause on the use of visual content and patient images on social media is inserted alongside the clinical treatment consent. In many cases:

• It is not clearly and transparently explained to the patient that the form they are signing also grants permission for social media sharing;
• The form does not specify which images will be used, on which platforms, for how long, in which language or in which countries;
• Phrases such as "you need to sign this form so that we can perform the surgery" are used, effectively making consent to visual use a precondition for receiving treatment; and
• The signature is obtained while the patient is under stress and time pressure immediately before the procedure.

Although these scenarios may appear, on paper, as if "consent has been obtained", it is often difficult in practice to speak of informed, freely given and specific consent. The fact that the Regulation now requires a separate, Ministry-approved visual content consent form, and explicitly guarantees that refusal to consent will not affect diagnosis, treatment or fees, is clearly aimed at addressing and preventing these problematic practices and violations.

IV. Exemptions for International Health Tourism Activities

While the Regulation imposes strict limits on domestic promotional activities (in particular through Articles 5 and 7), Article 8 establishes a special regime for healthcare institutions that hold an International Health Tourism (IST) authorization.

Under Article 8, healthcare institutions and intermediary entities holding an IST authorization may be exempt from a substantial portion of the domestic restrictions, provided that certain conditions are met. To benefit from these exemptions, the relevant activities must be directed exclusively at foreign markets, promotional content must be prepared in languages other than Turkish; and separate websites and/or social media accounts must be used for these activities.

Where these conditions are satisfied, IST-authorised institutions may:

• Publish sponsored promotional content and visual materials that would be prohibited for domestic audiences;
• Announce discounts, campaigns and competitive prices directed at foreign patients;
• Use patient stories, testimonials and expressions of gratitude that are categorically banned domestically, provided that the patient's explicit consent has been obtained in line with the applicable rules.

However, even under this special regime, social media platforms must not allow Turkey to be selected as a target audience, and automatic targeting settings must be disabled. If, due to a technical error or incorrect geo-targeting configuration, a foreign-language sponsored advertisement containing a discount or patient testimonial is shown to users in Turkey, the relevant institution will be deemed to have violated the Regulation and may face sanctions.

V. Non-Compliance and Sanctions

Article 12 of the Regulation sets out a deterrent sanction mechanism for non-compliance. Depending on the nature and gravity of the breach, sanctions range from administrative fines to partial or total suspension of activities.

In addition, the Regulation explicitly foresees situations where non-compliance escalates into the criminal law sphere and requires the Ministry to file a criminal complaint with the public prosecutor. This is particularly relevant for advertising related to the procurement of organs or tissues for gain, promotional activities for unauthorized or unlicensed healthcare services, and content that endangers human health or is found to constitute a criminal offence under the Turkish Criminal Code (TCK).

The unauthorized disclosure of personal health data—such as before/after photographs showing identifiable patients—may also expose those responsible to criminal liability under Article 17 ("Crimes") of the KVKK.

5.1. Administrative Sanctions

Under Article 12, healthcare facilities and intermediary entities found to be in breach of the Regulation's provisions on promotional activities are subject to administrative sanctions under Law No. 3359.

These sanctions are not limited to institutions. The physician or dentist concerned may also be reported to their professional chamber (Medical Chamber / Chamber of Dentists) for disciplinary action. Moreover, for content that endangers human health or adversely affects diagnosis and treatment processes, access blocking measures may be requested under Law No. 5651.

5.2. "Double Sanction" Risk: Ministry of Health and KVKK

One of the most significant legal risks introduced by the Regulation is the potential for "double sanctions", as regulated in Article 12/2. Under this provision, those who act in violation of Article 6 of the Regulation are also subject to the administrative fines set out in Article 18 of Law No. 6698 on the Protection of Personal Data (KVKK). Article 6 of the Regulation directly refers to both the Patient Rights Regulation and the KVKK.

For example, if a healthcare institution shares a patient image without obtaining the required visual content consent form in due form, or by applying filters or other technological modifications contrary to Article 7, the institution may face two separate administrative sanction processes for the same act.

VI. Conclusion

The new Healthcare Advertising Regulation introduces ntra detailed and strict set of obligations that fundamentally reshapes how healthcare professionals and institutions may promote themselves and use patient images. The re-definition of the boundary between advertising and information, strict rules on the use of visual content, special requirements for patient consent, and the explicit ioduction of joint and several liability and double-sanction risks together mean that many practices that have become commonplace on digital platforms must now be re-evaluated.

For healthcare institutions and professionals, compliance with the Regulation is therefore far more than simply changing a few phrases in social media posts. At an institutional level, it requires a comprehensive review of promotional processes, consent forms, visual archives, SEO/SEM strategies and internal control mechanisms, and the design of a structured compliance programme involving legal, marketing and IT teams. Otherwise, healthcare providers may face a serious risk landscape ranging from administrative fines to suspension of activities and, in some cases, even criminal liability.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.