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input 2024.10.27 11:48
input 2024.10.27 11:48correction 2024.10.25 17:57
The content of YouTube is becoming a social problem as it increasingly provides provocative and biased medical information rather than discussing the correct orthodox theory in delivering medical information. [사진= 게티이미지뱅크]Recently, as the number of social media users has increased, the number of medical professionals using social media has increased significantly. In the past, doctors often became YouTubers and covered medical information, but now, in addition to doctors, many medical professionals such as pharmacists, oriental medicine doctors, and nurses are competing for views by providing medical information.
The reason why so many medical professionals are opening YouTube channels and creating content related to medicine is because they expect that if the number of subscribers or views increases, they will not only benefit directly from YouTube, but also indirectly increase the number of patients at the hospital or clinic where they work. Do it.
As competition intensifies, YouTube’s content in delivering medical information is increasingly providing provocative and biased medical information rather than discussing correct orthodox theories, which is becoming a social problem. In particular, there is criticism that medical professionals’ personal opinions that have not been thoroughly verified are packaged and spread as if they are facts, which is having a negative social impact, such as causing patients who really need treatment to refuse drug treatment. Nevertheless, there is criticism that pre-censoring YouTube content violates the right guaranteed by the Constitution that recognizes individual freedom of expression.
In Korea, medical advertising strictly restricts the subjects and content that can be advertised. Medical care is directly related to human life and health, but because medical services are very specialized, it is not easy to determine whether the information provided by patients, who are medical consumers, is true. Exaggerated or incorrect medical advertisements can seriously infringe on people’s right to health, and because medical care has a strong public interest aspect, there are many advertising restrictions. Therefore, in medical advertisements, content that introduces treatment experiences of patients, that may mislead consumers about the effects of treatment, that contains false content, or that compares the functions or treatment methods of other medical professionals is prohibited.
In addition, medical advertisements must be reviewed by the Medical Advertising Review Committee, but not all medical advertisements need to be reviewed. Medical advertisements conducted in newspapers, broadcasts, banners, flyers, electronic billboards, as well as online media with an average of 100,000 or more daily visitors must be reviewed. It must be received only when medical advertisements are made on internet cafes, blogs, SNS, etc. operated by information and communication services. However, Internet homepages, blogs, and Internet cafes are not subject to review because they are not medical advertisements. However, depending on the content, it may be judged to be a medical advertisement prohibited by the Medical Service Act.
So, can YouTube, which contains medical-related content, be subject to regulation for medical advertising? A recent ruling on this issue is introduced as follows.
A, the director of an oriental medicine clinic in Seoul, explained incurable brain diseases on his YouTube channel and introduced cases of patients with incurable diseases that he had cured. He also said that oriental medicine treatment methods are superior to Western medicine. He also posted the oriental medicine clinic, name, phone number, address, treatment items, etc. along with the book he wrote on YouTube. The prosecution filed a summary indictment, saying that Director A violated the Medical Service Act by making a medical advertisement that could mislead people about the effectiveness of treatment. Accordingly, Director A argued that YouTube does not constitute medical advertising because it merely conveys knowledge about treatment to the general public, and that because the channel has only 21 subscribers, it is not an Internet medium that requires prior review under the Enforcement Decree of the Medical Service Act, and filed a formal complaint. A trial was requested.
The court ruled that medical advertising, which is prohibited by the Medical Service Act, refers to the advertising act itself. In the case of YouTube videos, you can view them even if you are not a subscriber through search, so whether you are a subscriber or not is not important, and the content included on YouTube includes the name and phone number of the oriental medicine clinic. Numbers, addresses, treatment items, etc. were posted, and it was judged that this formally and substantively constituted medical advertising. (Court: “Cure cases posted on YouTube by 21 subscribers are also illegal medical advertisements” Yonhap News, October 21, 2024)
In summary, it is clear that not all YouTube content is judged to be medical advertising. However, if the content includes content that is currently prohibited as medical advertising by law or introduces the medical institution that the person operates or works at, there is a high possibility that it will be recognized as a medical advertisement. Therefore, medical professionals who run YouTube need to be careful to prevent such problems from occurring.
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