Using the image of a doctor in social advertising. On the prohibition of images of medical workers in advertising. What is the image of a health worker
The current advertising law contains one extremely curious provision regarding general requirements to advertising. Thus, paragraph 4 of part 5 of article 5 of the Law on Advertising states that in advertising is not allowedthe use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertisements placed in printed publications intended for medical and pharmaceutical workers.
This provision is of interest from the point of view of possible approaches to the interpretation of the advertising law. So, with a literal interpretation of this norm, the conclusions are quite obvious, the use of images of doctors is allowed only in advertising of medical services and personal hygiene products. This approach is very common in judicial practice, so in one of the cases the court made the following conclusion that the Company was rightfully brought to administrative responsibility, since in the advertisement of its Implozia pharmacy with the visual use of the image of a pharmaceutical worker with the image of a woman in a white coat with the inscription IMPLOZIA with a capital letter in the form of a bowl entwined a snake, as well as on the advertisement there is a device for measuring blood pressure, glasses, which is a violation of the advertising law (Resolution of the Federal Antimonopoly Service of the Volga District of August 21, 2007 in case N A55-3841 / 2007).
It should be noted that with this interpretation, an absolutely absurd situation is obtained, in which images of doctors, incl. employees of this hospital.
If we approach the interpretation of this provision teleologically, then, first of all, it is worth determining what purpose the legislator pursued by introducing this ban. Obviously, such a ban was directed against the advertising of various products that do not have any medical properties, but in their own advertising give the impression of the opposite. A striking example of such advertising is the advertising of dietary supplements or various food products, for example, yogurt, which helps to solve all possible digestive problems.
That is, this prohibition was aimed at preventing the consumer from being misled about the medicinal properties of the object of advertising, which is achieved through the use of images. medical workers.
The current advertising law contains one extremely curious provision concerning the general requirements for advertising. Thus, paragraph 4 of part 5 of article 5 of the Law on Advertising states that in advertising is not allowedthe use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertisements placed in printed publications intended for medical and pharmaceutical workers.
This provision is of interest from the point of view of possible approaches to the interpretation of the advertising law. So, with a literal interpretation of this norm, the conclusions are quite obvious, the use of images of doctors is allowed only in advertising of medical services and personal hygiene products. Such an approach is very common in judicial practice, so in one of the cases the court concluded that the Company was rightfully brought to administrative responsibility, since in the advertisement of its Implozia pharmacy with the visual use of the image of a pharmaceutical worker depicting a woman in a white coat with the inscription IMPLOZIA with a capital letter in the form of a bowl entwined with a snake, and also on the advertisement there is a device for measuring blood pressure, glasses, which is a violation of the advertising law (Resolution of the Federal Antimonopoly Service of the Volga District of 21.08.2007 in case N A55-3841 / 2007).
It should be noted that with this interpretation, an absolutely absurd situation is obtained, in which images of doctors, incl. employees of this hospital.
If we approach the interpretation of this provision teleologically, then, first of all, it is worth determining what purpose the legislator pursued by introducing this ban. Obviously, such a ban was directed against the advertising of various products that do not have any medical properties, but in their own advertising give the impression of the opposite. A striking example of such advertising is the advertising of dietary supplements or various food products, for example, yogurt, which helps to solve all possible digestive problems.
That is, this prohibition was aimed at preventing the consumer from being misled about the medicinal properties of the object of advertising, which is achieved through the use of images of medical workers.
On February 22, deputies of the State Duma of the Russian Federation adopted new edition law "On Advertising", which significantly tightens the requirements for advertising goods and services, as well as methods for its distribution, AMI-TASS reports.
e images of medical workers in advertising
On February 22, deputies of the State Duma of the Russian Federation adopted a new version of the law "On Advertising", which significantly tightens the requirements for advertising goods and services, as well as methods for its distribution, AMI-TASS reports.
Significant attention of the authors of the law was caused by advertising of medical equipment and equipment, as well as advertising of medical services and medicines.
The document clarifies the concepts of "advertising", "object of advertising", "goods", "sponsor", introduced serious restrictions on the advertising of alcohol, beer, tobacco, reduced the volume of advertising on television.
One of the main innovations of the bill is a ban on the use of images of doctors and medical workers in advertising of medicines and dietary supplements (BAA). Artists and politicians are also prohibited from advertising these products.
In addition, the law prohibits advertisers from contributing to advertisements links to specific cases of curing diseases and thank you notes individuals, suggest that the consumer has certain diseases or health disorders and create the impression that the object of advertising is necessary. The advertising message will also have to allocate the agreed time and place for warnings about contraindications to the use of the drug, the need to read the instructions or consult a specialist: at least three seconds of advertising time for radio advertising, 5 seconds for television advertising and 5% of advertising space in print publications.
Particularly serious restrictions have been adopted in relation to biologically active additives. When advertising dietary supplements, it will be prohibited to use the results of any research in the form of a direct recommendation for the use of the object of advertising and to convince the consumer that the dietary supplement has medicinal properties or is a medicine.
Based on materials http://medportal.ru/
It is impossible to use the images of doctors in advertising of medical universities, it is indicated in the explanations of the Federal Antimonopoly Service sent to the territorial bodies of the service. This applies not only to images and videos, but even to text up to the indication of the specialties for which students are trained in an educational institution. Experts point out that such an interpretation of the provisions of the law "On Advertising" does not allow universities not only to praise their services, but simply to inform about them.
Clarifications regarding the advertising of medical universities, signed by the deputy head of the FAS Andrey Kashevarov, the service sent to its territorial bodies. In the document, which Izvestia has read, the antimonopoly department refers to Art. 5 of the Law "On Advertising", which prohibits the use of images of medical and pharmaceutical workers in the promotion of goods and services.
The rule provides for exceptions: images of people in white coats are allowed to be placed on advertisements for medical services and personal hygiene products. There is one more clause in the law: the ban does not apply if the consumers of advertising are exclusively doctors and pharmacists, that is, if it is distributed in specialized media or at medical events.
Educational services do not fall under the exceptions specified in the law, the deputy head of the FAS concluded. If the object of PR is studying at a university, the use of images of health workers is permissible "only if the advertisement is distributed in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events are held, or in print publications intended for medical and pharmaceutical workers," the article says. document.
In other words, on billboards advertising materials non-specialized publications, commercials on TV and so on should not contain people who can be identified as doctors. This requirement applies not only to pictures and video sequences, but also to sound and text images. The consumer should not have the impression that a doctor is involved in the plot. The use of the image of a physician in text form is, for example, an indication in the text of an advertisement of the name of the specialty (dentist, otolaryngologist, surgeon) and even just professional affiliation (doctor, doctor, pharmacist, pharmacist, etc.), says a letter signed by Andrey Kashevarov.
The press service of the FAS Russia informed Izvestia that they did not have data on how often the images of doctors are used in advertising in violation of the law.
In its interpretation of the norms of the law, the FAS does not take into account the difference between advertising and informational messages, says Larisa Popovich, director of the Institute for Health Economics at the National Research University Higher School of Economics. We are talking about those cases when the university simply informs the public through the media that it trains doctors, and does not talk about its “best and exclusive education”.
If an educational institution teaches turners, it naturally shows turners. And if it teaches doctors, then whom should it show? Kittens? Or the same turners? - said the expert. - We have no other way to submit information, except to publish an announcement. It is necessary to distinguish between a message that contains information and one that encourages you to buy something.
Medical educational establishments Generally speaking, they do not need advertising, believes Natalya Aksenova, chairwoman of the Public Council under the Ministry of Health. According to her, serious universities already have a fairly large flow of applicants. At the same time, educational centers offering educational services of dubious quality are periodically opened, and the regulatory authorities should monitor them with particular vigilance, including their advertising.
At the First Moscow State Medical University. THEM. Sechenov and the Association of Medical and Pharmaceutical Universities could not promptly provide comments on what their position is regarding the interpretation of the provisions of the law by the antimonopoly service.
Earlier, Russian pharmaceutical associations developed guidelines for drug advertising. The business plans to comply with these rules voluntarily. In particular, it will be forbidden to use images of not only real doctors, but also fabulous ones, such as Dr. Aibolit.
The Federal Antimonopoly Service has clarified the rules for using "images of medical workers" in advertising. The department recalled that the law "On Advertising" prohibits filming doctors in most commercials.
Images of doctors as well as pharmacists should only appear in advertisements related to medical services and personal hygiene products.
There is only one exception. Any advertising involving doctors is permitted at pharmaceutical exhibitions, seminars, conferences and other similar events in which doctors participate. You can also publish such advertisements in specialized publications for doctors.
From this, the FAS concludes that advertising educational services is not included in the cases listed above and therefore the image of a medical worker cannot be used in it. Even if it's an advertisement medical school. Such a poster or video can only be shown at medical conferences.
What is the image of a health worker
This term refers not only to the visual image of a person in a medical gown, but also to any other references to doctors in advertising that "reflect in the mind of the consumer" a stable association with the medical profession.
These may be mentions out loud without being displayed on the screen. “The image of a medical worker is understood, among other things, to indicate in the text of the advertisement the name of the specialty of a medical worker (for example, dentist, otolaryngologist, surgeon) or professional affiliation (doctor, doctor, pharmacist, etc.),” the FAS explains.
Visual use the image of a health worker is the image of a doctor in advertising. It does not matter if he is in the frame all or only his hands.
"It is also possible to form in the consumer's mind the impression of the presence of a medical worker by including details in the advertisement that indicate the participation of a doctor in the plot of the video," the FAS said. That is, you can even mention doctors and pharmacists only in specialized advertising, where it is allowed.
