The NMC's ethical advertising guidelines, dated 6 October 2026, cover doctors and hospitals. They do not directly regulate agencies in the same way, but doctors remain responsible for content an agency publishes on their behalf (cl. 4.4).
What the notice says
The notice addresses promotional communication, testimonials, search manipulation, patient privacy, AI-generated promotion and third-party arrangements. An agency's work therefore needs to account for the rules applicable to the content it prepares.
There is an important unresolved question. Clause 8.1 (ii) lists engaging a third party for marketing medical services among conduct doctors should avoid. Clauses 8.1 (viii) and (xi) also address third-party arrangements and prohibited endorsements. The notice does not clearly explain how these provisions fit together.
What it means in practice
Do not choose an agency solely on the basis of design, promises or claims about visibility. Ask how it checks the content it proposes to publish and whether it can explain the relevant restrictions.
Ten questions to ask before choosing an agency
- Do you understand the NMC's 2026 guidelines? Ask the agency to explain the clauses relevant to your proposed work.
- How do you check medical claims? Ask how unsupported guarantees, success claims and comparative claims are identified (cl. 8.1 iii, ix).
- How do you handle patient testimonials? Ask how the agency approaches patient reviews, stories and before-and-after material (cl. 3.2 Expl. V; 6.2; 8.1 v, xi).
- How do you approach SEO? Ask whether the work relies on genuine optimisation rather than fake engagement or misleading manipulation (cl. 8.1 xii).
- How do you handle AI-generated content? Ask how the agency distinguishes prohibited AI-generated promotional campaigns from otherwise permitted AI content (cl. 7.2).
- How do you protect patient identity? Ask how images, records and other identifying information are handled (cl. 6.1, 6.4, 7.4).
- How do you review doctor videos? Ask how the agency considers the restrictions on promotional use of a doctor's name, image or voice (cl. 8.1 ii; 9.2).
- How are fees and referrals structured? Ask whether payments are linked to procuring individual patients or referrals (cl. 8.1 vii, viii).
- Who approves content before publication? Ask for the actual review and approval process, rather than assuming one exists.
- What happens when the notice is unclear? Look for a willingness to flag uncertainty and recommend qualified legal advice instead of guessing.
A useful agency should be able to explain its approach and its limitations. No agency can guarantee that a regulator will accept every activity.
What is still allowed?
The notice identifies factual hospital information, doctor directories and public health education under specified conditions as permitted forms of communication (cl. 5.1; 8.2 iii; 8.3; 9.1).
These provisions help identify the kinds of information that may be communicated, but they do not settle every question about engaging a third party to produce or publish it.
The relationship between clauses 8.1 (ii), 8.1 (viii) and 8.1 (xi) requires medical-law advice. Do not treat an agency's assurances as a definitive interpretation of these provisions.
Related reading: NMC advertising guidelines 2026 · NMC-compliant healthcare marketing agency in Kolkata · AI Search & SEO
Source: NMC Public Notice No. R-13014/01/2024-Ethics, 6 October 2026. General information, not legal advice. Last checked: 15 October 2026.