Taiwan cracks down on illegal overseas medical aesthetic ads on social media

Taiwan's Ministry of Health and Welfare (MOHW) is intensifying efforts to combat illegal advertising for cross-border medical aesthetics, particularly on social media platforms like Instagram and Threads.

According to Lü Nien-tzu, a principal technical specialist at the MOHW's Bureau of Medical Affairs, non-medical institutions are prohibited from publishing medical advertisements. Soliciting individuals for overseas medical aesthetic treatments through platforms like social media, websites, or information sessions, especially when disguised as personal experience posts, could violate the "Medical Affairs Act." Such violations will be investigated and prosecuted according to law.

The MOHW stated that there is no obligation for Taiwanese citizens to declare overseas cosmetic surgery, making it difficult for the government to track numbers. Lü Nien-tzu cautioned that individuals undergoing procedures abroad face significant risks. These include challenges in verifying the qualifications of medical institutions and doctors, complex procedures for seeking compensation under local legal systems, and the burden of covering return treatment costs. The overall medical, legal, and financial risks are considerably higher.

Regarding recruitment methods often referred to as "little bees" (brokers), Lü Nien-tzu explained that "Medical Affairs Act" regulations forbid non-medical institutions from publishing medical advertisements. If such solicitations occur publicly through websites or social media, local health bureaus will investigate. Violations of Article 84 of the "Medical Affairs Act" can result in fines and orders to remove content.

The ministry also addressed the issue of influencers or celebrities sharing personal experiences. While genuine testimonials fall under freedom of speech, promotional content disguised as personal reviews or endorsements, or even fabricated experiences promoting medical institutions, could lead to violations of Article 86 of the "Medical Affairs Act" concerning improper advertising. The MOHW will investigate whether these are authentic personal experiences or orchestrated promotions by medical institutions. Lü Nien-tzu acknowledged that the use of anonymous accounts or pseudonyms complicates investigations, but the MOHW is collaborating with the Digital Development Ministry to remove violating posts and accounts through anti-fraud cooperation mechanisms, thereby reducing the spread of illegal medical advertising.