NMC Bans AI-Generated Medical Ads That Mislead Patients, Puts Onus on Doctors and Hospitals

India’s medical regulator, the National Medical Commission (NMC), has banned doctors and hospitals from using AI-generated promotional campaigns that mislead patients or further commercial interests. The new guidelines, issued through a public notice on October 6, 2026, bring AI-assisted advertising under explicit regulatory scrutiny for the first time.

The NMC’s Guidelines on Ethical Advertising and Public Communication by Hospitals/Medical Institutions and Registered Medical Practitioners came into force immediately upon publication. They were framed in response to a writ petition before the Supreme Court concerning the National Medical Commission (Professional Conduct, Etiquette and Ethics) Regulations.

What the guidelines say about AI

The NMC defines artificial intelligence as a self-learning automated process, programme, machine or computer built to perform tasks that usually require human brain functions. It treats AI-generated or AI-assisted content as advertising wherever it has a commercial character.

Under Clause 7.2 of the guidelines, AI-generated promotional campaigns intended to further commercial interests are prohibited outright. Any promotional content that complies with the rules must be labelled as AI-generated or AI-assisted. The guidelines also prohibit AI-generated material that violates broader restrictions on misleading claims, solicitation and the commercialisation of medical practice.

However, the rules exempt AI campaigns related to government programmes or schemes of the Union and state governments where these serve a larger public interest.

Patient privacy and consent rules tightened

Clause 6 of the guidelines restricts the use of patient information and material for advertising. Patient information, photographs, videos, medical records, clinical images and other identifiable data cannot be used for advertising unless permitted under applicable law and after securing necessary consent and safeguards.

The NMC specifies that consent alone does not make every use permissible. Patient testimonials, endorsements, promotional statements, before-and-after depictions, success claims and similar advertising practices remain prohibited where they violate the guidelines or applicable law.

Where consent is legally required, it must be specific, informed, voluntary, documented and capable of verification. It must also comply with applicable privacy and data-protection laws. Even where disclosure is legally permitted, hospitals and medical practitioners must adopt reasonable safeguards to prevent unnecessary disclosure of patient information and avoid identifying patients through birthmarks, identification marks or other revealing details.

Enforcement and penalties

The guidelines place enforcement responsibility on the concerned State Medical Councils (SMCs), which may take action against registered medical practitioners (RMPs) under the NMC Act and applicable regulations. The NMC has prescribed a graded framework of corrective measures:

Corrective Measure	Description
Advisory or warning	Issued for minor or first-time violations
Censure or reprimand	For more serious breaches of advertising norms
Restriction or suspension of practice	In cases of repeated or severe violations
Removal from the State Medical Register	For the most serious offences

Before imposing penalties, the SMC must issue a show-cause notice and allow the RMP to explain the alleged violation. It must also issue a reasoned order identifying the violation, the RMP’s defence and the basis for the penalty. An RMP may appeal an SMC decision before the appropriate appellate authority within 60 days. The NMC is also empowered to issue clarifications, advisories, standard operating procedures and procedural instructions to support implementation.

Why this matters for Indian patients and digital marketers

AI-generated advertisements can fabricate medical endorsements and lend false credibility to unverified treatments. In December 2024, the Delhi High Court restrained entities from using AI-generated videos of journalist Rajat Sharma to promote purported remedies for diabetes, prostatitis and joint pain. The videos falsely suggested endorsements by eminent doctors or government certification.

The wider advertising landscape presents similar challenges. The Advertising Standards Council of India’s latest annual report for 2025–26 found that 97.3% of advertisements scrutinised for potential violations appeared on digital media. It also identified 274 cases involving products that violated the Drugs and Magic Remedies Act.

However, the NMC guidelines primarily establish disciplinary consequences for registered medical practitioners. They do not specify a separate enforcement mechanism for advertising platforms, agencies or other non-medical actors who create or distribute such content. Nor do they detail a dedicated system for identifying AI-generated medical advertisements or requiring platforms to remove them.

For digital marketers, SEO professionals and healthcare communication teams in India, the guidelines signal a clear regulatory shift: AI-generated medical advertising is now subject to professional discipline, and compliance requires clear labelling, verified consent and avoidance of commercialised patient success stories. The absence of platform-level enforcement, however, leaves a gap that may require further regulatory action.

Source: Medianama – Explained: How India’s medical regulator is bringing AI-generated ads by doctors and hospitals under new rules (https://www.medianama.com/2026/10/223-nmc-ai-generated-medical-ads-rules/)