What hospital ads can and cannot say in India: NMC, ASCI and the Drugs and Magic Remedies Act

Transcript

Healthcare is one of the most complained-about advertising categories in India.

This video walks through the rules that shape hospital marketing, what you can safely say, and what to avoid. It is a practical overview, not legal advice.

Start with the scale of the problem.

In its 2023 to 24 complaints report, the Advertising Standards Council of India found healthcare was nineteen percent of all the ads it examined, the most of any sector.

And the problem is now mostly online.

Between April and September 2025, ninety seven percent of the violations ASCI found were on digital platforms. Hospital marketing moved online, and scrutiny followed.

Five sets of rules shape what hospitals can say.

One. The Indian Medical Council ethics regulations of 2002. The National Medical Commission's 2023 regulations were put on hold, so the 2002 rules still apply, and they treat soliciting patients as unethical.

Two. The Drugs and Magic Remedies Act of 1954, which bans advertising drugs or remedies that claim to cure a long list of conditions, including cancer, heart disease, diabetes and obesity.

Three. The Consumer Protection Act and the 2022 guidelines on misleading ads. Claims must be truthful and substantiated, and endorsers must disclose any paid connection.

Four. The ASCI code. Since 2025, health influencers must disclose a medical or allied qualification.

Five. The Digital Personal Data Protection Act and its 2025 Rules, which govern consent for every enquiry and audience you build.

So what can a hospital safely say? Verifiable facts.

The services you offer and how to book them.

Your doctors' qualifications and registration.

Facilities, timings, fees and the insurers you accept.

Accreditations, named with their source.

And accurate health information, reviewed by a clinician, that helps patients understand their options.

And what should you avoid?

Any claim to cure, or any guaranteed outcome.

Superlatives like best or number one, unless an independent source supports them.

Success rates without a clear definition and your own audited data.

Messaging that frightens patients into booking.

Before and after images without written consent and honest context.

And paid influencer content that is not disclosed.

Patient stories and images deserve their own checklist.

Get written consent for every patient story, photo or video, and keep it on file.

Show typical experiences. An exceptional outcome presented as normal is misleading.

If you use before and after images, take them under the same conditions, do not edit them, and say clearly that results vary.

And disclose any payment, discount or relationship behind an endorsement.

Marketing also runs on patient data, and the DPDP Rules now apply.

Show a clear notice wherever you collect details: forms, WhatsApp and call centres.

Keep consent for marketing separate from consent for care communication.

Offer a simple way to opt out in every marketing message.

And put data protection terms in place with every agency and vendor that touches enquiry data.

A simple rule covers most of this.

If a claim cannot be evidenced, leave it out. Patients trust specifics more than superlatives anyway.

Some specialties carry extra rules.

For IVF, the Assisted Reproductive Technology Act and the PCPNDT Act ban any advertising of sex selection.

For transplants, the Transplantation of Human Organs and Tissues Act makes any advertisement offering or seeking organs for payment a serious offence.

For maternity care, no wording that could be read as sex determination, and abortion care must protect patient identity.

And in cardiology, coronary stent prices are capped, and hospitals must itemise them in estimates and bills.

The practical fix is a review process.

Use one checklist for every campaign, across every channel.

Have a clinician review every medical statement.

Get compliance sign-off before anything goes live.

And treat anything written with AI tools as a first draft that goes through the same review.

And if a complaint does arrive?

Respond on time.

Pause the ad or post while you review the evidence.

Correct or withdraw it if the claim is weak. ASCI decisions are published, and a quick, cooperative response protects the brand far more than defending a weak claim.

The full guide, with a pre-campaign checklist, is on gauravphogat.com. The link is in the description. This video is general information, not legal advice.