社群時代下醫師從事醫療廣告之法律界線：內容管制、宣傳方式與專業自律【本期企劃】 試閱
Legal Boundaries of Medical Advertising Conducted by Physicians in the Social Media Era: Content Regulation, Promotional Methods, and Professional Self Regulation
2023年，憲法法庭以112年憲判字第17號判決宣告醫療法第84條禁止醫師個人為醫療廣告之部分違憲，確認醫師亦得為醫療廣告主體。本文以該判決為起點，分析醫師於社群平臺從事醫療廣告之法律界線，說明醫療法第85條之內容規範與第86條之宣傳方式限制，探討第86條第7款「其他不正當方式」之判準與實務發展，並延伸至醫師代言行為及社群操作之風險控管。本文指出，制度轉型並未降低管制強度，而係將審查焦點由主體資格轉向具體行為，強調資訊透明、避免誤導與維護醫療倫理，成為醫師為醫療廣告時行使言論自由之核心界線。
In 2023, the Constitutional Court R.O.C (Taiwan) (“TCC”) held in Judgment 112-Hsien-Pan-Zi-17 that the prohibition under Article 84 of the Medical Care Act against physicians engaging in medical advertising was unconstitutional. The judgment confirmed that physicians may also serve as advertisers in their own capacity. This article takes that decision as its starting point and examines the legal boundaries of physicians’ medical advertising on social media. It analyzes the content requirements under Article 85 and the restrictions on promotional methods under Article 86, with a particular focus on the open-ended clause on “other improper promotional practices” under Subparagraph 7 of Article 86 of the Medical Care Act. The discussion further addresses physician endorsements and compliance risks in social media operations. The article argues that the regulatory shift did not reduce the intensity of oversight but rather redirected scrutiny from the identity of the advertiser to the specific conduct involved. It emphasizes transparency of information, avoidance of misleading representations, and preservation of medical ethics as the core boundaries governing physicians’ exercise of freedom of speech in medical advertising.
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