⚖️ Legal Responsibility of Health Tourism Companies in Influencer and Social Media Advertising
In Turkey's health tourism sector, a significant portion of patient acquisition now takes place through Instagram, TikTok, YouTube, Facebook, and Google. Especially in areas such as cosmetic surgery, hair transplantation, dental treatments, and obesity surgery, health tourism companies sponsored advertisements, influencer collaborations, patient experience videos, before-and-after photos, and discount campaigns .
However, social media advertising in the healthcare sector is different from advertising for a typical hotel, restaurant, or beauty product.
A health tourism company;
“Turkey’s best aesthetic surgeon”,
“100% successful hair transplant”,
“All-inclusive rhinoplasty in Istanbul for £3,500”,
“20% discount with influencer code”,
“No risk of complications”
Such posts cannot be considered solely as a marketing strategy.
This content may simultaneously have legal consequences under the Ministry of Health regulations, the Consumer Protection Law No. 6502, influencer advertising rules, the Personal Data Protection Law, patient privacy, and unfair competition provisions
Moreover, regulations have changed significantly recently. The Regulation on Promotion and Information Activities in Health Services, dated November 12, 2025, directly includes international health tourism intermediary organizations and stipulates specific rules for social media advertising related to health tourism. (Antalya Provincial Health Directorate)
Furthermore, new rules regarding the clear indication of commercial relationships in influencer advertising will be in effect as of August 1, 2026. If an influencer shares content in exchange for payment, free or discounted service, sponsorship, or similar benefit, it must be clearly understood that the content is an advertisement. (https://ticaret.gov.tr)
Short answer: Medical tourism companies can advertise on social media targeting international audiences under certain conditions. However, this does not give influencers unlimited rights to advertise doctors or hospitals.
🌍 Can Health Tourism Companies Advertise on Social Media?
Yes, under certain conditions.
In Türkiye, advertising healthcare services, whether overt or covert, is generally prohibited. However, there is a special exception for international health tourism.
According to Article 8 of the Regulation dated November 12, 2025, healthcare facilities and intermediary organizations possessing the necessary health tourism authorization certificates may conduct sponsored promotional and informational activities abroad, provided they comply with the specified conditions. (Antalya Provincial Health Directorate)
But for this to work, the advertisement really to target foreign patients .
For example, an English-language Instagram account could be created for patients living in the UK, while a German-language advertising campaign could be developed for the German market.
Conversely, showing the same advertising campaign to users in Istanbul, Ankara, or across Türkiye could exceed the limits of the health tourism exemption.
🚨 THE MOST IMPORTANT RULE
This advertisement cannot target people living in Türkiye
According to the current regulations , advertisements aimed at creating demand among people residing in Turkey cannot be used in international health tourism promotions
Turkey cannot be selected as a target audience in social media advertisements. Moreover, simply not selecting the country manually is not enough; the regulation also requires that automatic target audience definitions be disabled . (Antalya Provincial Health Directorate)
Therefore, Meta is used on Instagram or similar platforms;
Automatic Audience,
Advantage+ Audience,
Lookalike / automatic expansion
Technical measures should be taken to prevent systems like these from displaying advertisements to users in Türkiye as well.
The health tourism company:
"We prepared the advertisement in English; whether people living in Türkiye see it is not our concern."
This kind of defense may not be sufficient in every case.
for advertising campaigns are also part of legal compliance.
🏥 Can a Health Tourism Company Present Itself as a Clinic?
No.
This is one of the most common mistakes made by health tourism agencies.
According to the current regulation, the intermediary institution;
It can only promote the brokerage services permitted to it by law.
It cannot create the impression that it is providing health services itself and cannot present itself as a hospital, clinic, or health facility. (Antalya Provincial Health Directorate)
For example, on the Instagram account of a company that actually only organizes patient care:
“Our surgeons perform 5,000 rhinoplasty every year.”
or
“At our clinic, we perform hair transplants with guaranteed results.”
Using those expressions could cause problems.
Because if the surgical procedure is performed by a different healthcare facility, the intermediary agency must clearly define its role.
✅ Safer expression
“We coordinate treatment at X Hospital.”
❌ Risky expression
“We perform rhinoplasty in Istanbul.”
The intermediary organization may share the names and services of the healthcare facilities with which it has a protocol for informational purposes. However, it must state that the healthcare service is provided by the relevant healthcare facility and that it is not a healthcare facility itself. (Antalya Provincial Health Directorate)
📱 Can a health tourism company advertise with influencers?
Great caution is advised here.
Health tourism legislation allows intermediary organizations to conduct sponsored promotional activities abroad. However, this regulation:
"You can have any influencer recommend any doctor or hospital you want."
That doesn't mean anything.
The Ministry of Trade's Guidelines for Social Media Influencers clearly state that influencers cannot direct users to or promote goods or services offered by doctors, dentists, or healthcare institutions . ( https://ticaret.gov.tr )
Therefore, the opportunities for advertising specifically related to health tourism and the bans on influencer advertising should be considered together.
⚠️ Particularly risky model
Imagine a medical tourism company providing a British influencer with free cosmetic surgery.
The influencer then said:
"Dr. X is the best rhinoplasty surgeon in Turkey. Book through my link and get 20% off."
If a post is made in this way, it's not just an advertisement for a health tourism company.
also direct referrals to a specific doctor and healthcare service .
This model is much riskier legally.
🎁 Does getting a free surgery from an influencer count as advertising?
Yes.
Influencers don't necessarily need to be paid in cash.
Free surgery, discounted treatment, free hotel, plane tickets, transfers, sponsorship, or other economic benefits can also create an advertising relationship.
Moreover, a much clearer regulation on this matter will be in effect as of August 1, 2026.
According to the Ministry of Trade, the influencer has any;
- fee,
- free or discounted products or services,
- Invitation,
- sponsorship,
- similar benefit
The advertising nature of the content shared in return must be clearly understood by the consumer. "advertisement," "collaboration," "sponsored content," or "promotion" should be used for this purpose. (https://ticaret.gov.tr)
❌ Risky
“I discovered this amazing clinic in Istanbul ❤️”
If an influencer has actually received free surgery, this content should not be presented as an independent patient opinion.
✅ More transparent
"Sponsored content / Paid partnership."
However, disclosing the advertising relationship does not legalize content that is prohibited in health advertising.
This simply prevents the ad from being hidden.
⚖️ Who is responsible for health tourism advertisements and why?
| Actor | Main Legal Risks |
|---|---|
| health tourism company | Unauthorized advertising, targeting of Türkiye, misleading promises, impersonating a healthcare facility |
| Health facility | Illegal health advertising, patient images, and guarantees of results |
| Influencer | Covert advertising, referral to healthcare services, false health claims |
| Advertising agency | Creative or targeting that violates regulations |
| Doctor / dentist | Professional advertising ban, misleading advertising, patient privacy |
| Data controller | Unlawful use of patient photographs and health data |
Moreover, not just one of them has to be responsible.
The same campaign simultaneous liability for more than one person or organization .
🚫 Can an influencer say "This is Türkiye's best doctor"?
Such statements should be avoided.
Health promotion legislation;
misleading, untrue advertisements that create a perception of superiority over other healthcare institutions and exploit patients' lack of information . (Antalya Provincial Health Directorate)
Therefore;
“Turkey's No. 1 Plastic Surgeon”
“Best Dental Clinic in Europe”
“The most successful hair transplant center”
“Turkey's leading bariatric surgeon”
Statements like these can create serious legal risks.
In particular, claims such as "best," "number one," and "most successful" being purely marketing language do not make these statements legally permissible.
❌ Is a "100% Success Guarantee" Possible?
No.
Outcome in healthcare services;
- to the patient's anatomy,
- to your age,
- health status
- capacity for recovery,
- the method used,
- complications
It depends.
Because:
“100% guaranteed results.”
"Zero complication risk."
“Your hair will definitely grow.”
“Implants guaranteed for life.”
Such statements pose serious risks under both health advertising regulations and misleading advertising provisions.
The Ministry of Trade's Influencer Guidelines also clearly state that social media influencers cannot make health claims that violate regulations or assert unproven scientific findings. (https://ticaret.gov.tr)
💸 Can a health tourism company advertise discounts?
There is an important difference here between domestic advertising and health tourism advertising.
It is prohibited to include information about fees, campaigns, discounts, or promotions in standard health advertisements
However, the Regulation provides a special exception regarding international health tourism.
Authorized healthcare facilities and intermediary organizations announce discounts, campaigns, and competitive pricing . (Antalya Provincial Health Directorate)
For example, in a separate health tourism account targeting the UK:
“Dental Treatment Package – €4,900”
A campaign like this would be possible under certain conditions.
However, showing the same campaign to people living in Türkiye could create a separate legal problem.
🎟️ Can influencers use discount codes?
This practice is particularly high-risk.
For example:
“Use code EMMA20 and get 20% off your rhinoplasty at X Clinic.”
This statement is not just a campaign announcement.
The influencer is directly referring patients to specific healthcare facilities.
Due to the ban on referral codes/discount codes for services provided by doctors, dentists, and healthcare institutions, as outlined in the Ministry of Trade's Influencer Guidelines, the referral code/discount code model should be evaluated differently in the healthcare sector compared to ordinary e-commerce campaigns. (Ministry of Trade)
Therefore, the fact that an intermediary organization can announce a legally compliant campaign on its own internationally targeted account does not automatically mean that an influencer distributing personal discount codes for a healthcare organization to their followers is legal.
📸 Can Before-After Photos Be Used in Influencer Advertising?
Patient images are one of the most sensitive areas in health advertising.
Current legislation permits healthcare facilities and healthcare professionals to use visual content under certain conditions. However, the visuals must meet certain criteria
- must be based on the patient's explicit consent
- It should not be contrary to the truth,
- It should not be technologically altered,
- It should not show areas unrelated to the process
- It must respect patient privacy.
Furthermore, the sharing of illegal content by a third party does not automatically absolve the relevant healthcare facility or healthcare professional of their responsibility. (Antalya Provincial Health Directorate)
Therefore:
"The clinic didn't share the before-after photo; the influencer shared it on their own account."
His defense alone is not sufficient.
🎨 Can the result be improved with filters, Photoshop, or AI?
This approach is extremely risky in terms of visualizing health outcomes.
Current health promotion regulations restrict the use of misleading techniques in visuals and any subsequent technological changes or corrections. (Antalya Provincial Health Directorate)
For example, to an influencer after cosmetic surgery;
- face slimming filter,
- skin correction,
- nose reduction effect,
- hair thickening,
- teeth whitening,
- AI-powered body shaping
Administering this treatment may result in an outcome that differs from the actual treatment result.
This could constitute misleading advertising
🧑⚕️ Can an influencer give medical advice?
Particular caution should be exercised if the influencer is not a healthcare professional.
For example, the influencer:
“Gastric sleeve is completely safe.”
“Everyone with diabetes should have this operation.”
“This implant method has no complications.”
“You don't need to consult another doctor.”
Statements like these may exceed the limits of medical information.
The current Health Promotion Regulation stipulates that information regarding health services can only by authorized healthcare professionals . (Antalya Provincial Health Directorate)
Therefore, the influencer's role should not be to turn advertising content into medical advice.
🔐 GDPR Risks in Influencer Advertising
In health tourism advertisements, the patient is often the focus;
- face photo,
- body photo,
- pre-operative image,
- hair transplant results,
- dental treatment image,
- medical history
It is transformed into promotional material.
This content may constitute personal data, or even, depending on the nature of the event , sensitive health data
Therefore, the patient's photograph;
clinic → health tourism company → advertising agency → influencer
This type of data transfer should be evaluated not only in terms of advertising law but personal data transfer .
The Turkish Personal Data Protection Law's (KVKK) decisions regarding the use of health data for advertising purposes demonstrate that even the existence of explicit consent does not automatically render an activity that violates sectoral health advertising rules lawful. (KVKK)
❓ If the patient has given permission for their photo to be used, can it also be sent to an influencer?
Not always.
The scope of explicit consent is important.
Sick:
"My photos can be used on ABC Hospital's Instagram account."
They may have given permission in this way.
This permission automatically allows access to the images;
- to a health tourism company,
- to influencers,
- to advertising agencies,
- other social media accounts
It may not include transfer.
The Turkish Personal Data Protection Authority ( KVKK ) decision numbered 2022/630 also acknowledges that permission for the use of a patient's images within a healthcare facility is not the same as permission for a doctor to use them on their own social media account.
Therefore, "for whom, through which medium, and for what purpose was consent given?" is important.
🌟 “If an influencer is genuinely ill, can they say whatever they want?”
No.
The influencer may have actually received treatment. However, this was through a medical tourism company;
- free operation,
- discount,
- hotel,
- transfer,
- aeroplane,
- money,
- commission
If it has already been purchased, it is no longer accurate to present it as a completely independent consumer review.
Moreover, the Influencer Guidelines restrict individuals from presenting services they have not purchased or from which they derive economic benefit as independent consumer experiences. (Ministry of Trade)
✅ Real personal experience
The individual purchased the service independently and does not have an advertising agreement with the company.
⚠️ Commercial content
In exchange for free treatment, hotel accommodation, and transfer, an Instagram video is being filmed.
In the second case, the advertising relationship must be clearly stated.
🎥 Can “Patient Testimonial” Videos Be Used?
Here again, the distinction between healthcare facilities and intermediary organizations is important.
It is prohibited to use expressions of gratitude and satisfaction from patients in general health advertising.
However, in the field of health tourism , the Regulation allows authorized healthcare facilities to use patient histories, comments, and expressions of gratitude in their accounts targeting foreign patients, provided that patient privacy and explicit consent are ensured. ( Antalya Provincial Health Directorate )
This special right has been granted to the healthcare facility.
Therefore, the health tourism intermediary organization:
“Look how happy our rhinoplasty patient is!”
The creation of an advertising account entirely based on patient success stories should also be considered.
The brokerage firm's primary advertising platform should be its own brokerage services .
📜 Is it mandatory to show the Health Tourism Authorization Certificate?
Yes.
Healthcare facilities or intermediary organizations holding a health tourism authorization certificate are required to publish this certificate on their website or social media platform. (Antalya Provincial Health Directorate)
Therefore, only in the profile description:
“Licensed Medical Tourism Company”
Writing is not enough.
The company must genuinely possess a valid International Health Tourism Authorization Certificate
Businesses operating in the field of international health tourism or advertising in this direction without the necessary authorization may face sanctions from the Ministry of Health and the Advertising Board.
Indeed, the Advertising Board has found that the promotions of organizations that advertise and share before-and-after photos of health tourism in English, despite not having a health tourism license, are contrary to regulations and misleading to consumers. (https://ticaret.gov.tr)
⚠️ If an advertising agency did it, does that absolve the company of responsibility?
No.
The medical tourism company may have outsourced all of its social media operations to a professional advertising agency.
However:
"The Instagram ad was created by an agency."
or
"The influencer wrote the text herself."
This does not absolve the company of all legal responsibility.
According to the Ministry of Trade's regulations regarding influencer advertising, advertisers, influencers, and advertising agencies are responsible within the scope of their respective roles. (https://ticaret.gov.tr)
Health promotion legislation also regulates the responsibility of those who create and share content that violates social media rules. (Antalya Provincial Health Directorate)
Therefore, the company may have contractual rights against the advertising agency due to the agency's mistake; however, this does not automatically relieve the company of its own obligations before administrative authorities.
💰 Can Penalties Be Imposed on Health Tourism Advertisements?
Yes.
Health tourism advertisements are not regulated by a single institution.
The Ministry of Health and Provincial Health Directorates can regularly monitor social media and websites within the scope of health promotion legislation. The regulation also allows for investigations to be conducted upon notification or complaint. (Antalya Provincial Health Directorate)
In addition, content that constitutes commercial advertising the Advertising Board of the Ministry of Trade .
The Advertising Board has current regulations regarding Instagram and other digital advertisements of health tourism companies. For example, decisions have been made to stop advertisements related to health tourism promotions that violate authorization and advertising regulations. (https://ticaret.gov.tr)
Therefore, the same campaign;
Ministry of Health + Advertising Board + GDPR
These can create separate problems in terms of maintenance.
🔥 "Red Flags" in Health Tourism Influencer Advertising
If a health tourism company's social media campaign includes any of the following elements, a thorough legal review should be conducted before the advertisement is published:
- explanatory terms like "Turkey's best doctor" or "No. 1 clinic" used?
- Is a 100% success rate or zero complication guarantee offered?
- Does the influencer directly direct users to a specific doctor or hospital by saying "book now" ?
- even though the influencer is given free or discounted treatment ?
- Are users in Türkiye part of the advertising campaign's target audience?
- Is automatic ad targeting enabled?
- the intermediary agency presenting itself as a clinic or health facility ?
- Are patient photos or health data being shared with influencers or advertising agencies?
- Are there any filters, Photoshop edits, or AI manipulations in the before-and-after photo ?
- Does the health tourism license exist and is it visible on the social media account?
- Is the influencer giving health advice by presenting themselves as a medical expert?
- Are influencer referrals or discount codes being used for healthcare services?
If the answer to several of these questions is "yes," the campaign may carry a high legal risk.
🛡️ A Safer Advertising Model for Health Tourism Companies
It is not enough for a health tourism company to leave the social media advertising process solely to its marketing department.
A safer structure can be established in the following way:
AUTHORIZATION CERTIFICATE
↓
SEPARATE ACCOUNT TARGETING
↓
LEGAL REVIEW OF ADVERTISEMENT TEXT
↓
DISTINCTION BETWEEN HEALTHCARE FACILITY AND INTERMEDIARY ORGANIZATION
↓
INFLUENCER AGREEMENT
↓
GDPR + PATIENT IMAGE CONSENT
↓
TARGETING SETTINGS REVIEW
↓
PRE-PUBLICATION APPROVAL OF CONTENT
↓
ARCHIVING OF ADVERTISEMENT AND TARGETING RECORDS
This system is particularly useful for high-budget Meta, Google, and influencer campaigns, making it easier for the company to prove, during future audits, which target audience and content were used for the ads.
📑 Should Special Clauses Be Included in Influencer Contracts?
Definitely.
In a typical influencer contract;
“3 Reels + 5 Stories + 1 TikTok”
Provisions like these are insufficient for the health tourism sector.
The contract stipulates that the influencer;
The company must not guarantee medical outcomes, make unlawful referrals to specific healthcare facilities, present itself as a healthcare professional, use patient images without company approval, clearly state commercial affiliations, target Turkey, or immediately remove any content that violates regulations upon request
It must be clearly regulated.
also important that the company has the right to approve content before publication .
However, according to the influencer contract:
"All legal responsibility lies with the influencer."
Writing this does not make the company completely immune from liability under public law and consumer law.
❓ Frequently Asked Questions
Can a medical tourism company run ads on Instagram?
If it possesses the necessary health tourism authorization certificate and meets the conditions in the Regulation, it may place sponsored advertisements targeting foreign countries. Targeting individuals residing in Turkey is prohibited. (Antalya Provincial Health Directorate)
Can health tourism advertisements be in Turkish?
Regarding sponsored advertising in separate accounts for international health tourism, the Regulation is based on official languages other than Turkish . ( Antalya Provincial Health Directorate )
Can an influencer share posts in exchange for a free surgery?
The content may be considered commercial advertising. As of August 1, 2026, influencer content created in exchange for payment must clearly indicate the advertising relationship. However, there are also restrictions on health advertising, particularly regarding the promotion and referral of health services by influencers. (https://ticaret.gov.tr)
Can influencers recommend doctors?
The Ministry of Trade's Influencer Guidelines impose clear restrictions on promoting and directing customers to goods or services offered by doctors, dentists, and healthcare organizations. (Ministry of Trade)
Can influencers provide discount codes?
It is possible for a health tourism company to announce its campaign on its own internationally targeted account. However, it is risky for an influencer to direct users to a specific doctor or healthcare facility using a referral/discount code, especially in light of the influencer health advertising ban.
Can before-after photos be shared on an influencer's account?
Extreme caution is necessary. Patient privacy, explicit consent, GDPR regulations, visual content provisions, and the prohibition against influencers promoting healthcare services must all be considered together.
Would writing "Advertisement" solve all the problems?
No.
The #advertisement or #sponsored tags only serve to prevent the concealment of a commercial relationship.
If the content itself is against the law, an ad tag does not make it legal.
✅ Conclusion: The "We Used Influencers" Defense Is Not Sufficient in Health Tourism Advertising
Influencer and social media advertising for health tourism companies is not entirely prohibited in Turkey. However, it is not an area that can be managed with normal digital marketing rules.
The Regulation on Promotion and Information Activities in Healthcare Services, dated November 12, 2025, allows healthcare facilities and intermediary organizations holding health tourism licenses to conduct sponsored advertising targeting foreign markets . For this, the advertising must be conducted through a separate, foreign-targeted social media account, Turkey must not be targeted, and automatic targeting systems must be disabled. (Antalya Provincial Health Directorate)
There is also an important limitation for intermediary organizations: a health tourism company cannot present itself as a hospital or clinic. Advertising should be primarily limited to the services provided by the intermediary organization as defined by legislation. If a health service is mentioned, it must be clearly stated which health facility provides it. (Antalya Provincial Health Directorate)
Using influencers does not expand a company's advertising freedom. The Ministry of Trade's influencer regulations restrict social media influencers from directing users to and promoting goods or services offered by doctors, dentists, and healthcare organizations. (https://ticaret.gov.tr)
Furthermore, as of August 1, 2026, if an influencer shares content in exchange for payment, free surgery, discounted treatment, hotel, flight, sponsorship, or other economic benefit, it must be clearly stated that this constitutes advertising. (https://ticaret.gov.tr)
When patient photographs are used, the (KVKK) and patient privacy dimensions are added to advertising regulations. A patient's permission to use their photographs with a healthcare institution does not automatically mean that the images can be transferred to an intermediary organization, advertising agency, or influencer. The KVKK's decisions regarding patient images also demonstrate the importance of knowing for whom and for what purpose consent is given. (KVKK)
Therefore, legal assessment of health tourism companies' social media campaigns should only be carried out if:
"Can we advertise?"
It should not be limited to that question.
The main chain that needs to be controlled is this:
Who is placing the advertisement? → Who is it targeting? → What is the influencer saying? → Which doctor or hospital are they referring patients to? → What benefit are they receiving in return? → Are patient images being used? → Is the intermediary organization presenting itself as a clinic? → Is the targeting open to Türkiye?
An error at any point in this chain sanctions from the Ministry of Health, decisions by the Advertising Board, administrative fines under the Personal Data Protection Law, suspension of advertising, and, depending on the specifics of the case, liability under private law .
Therefore, for health tourism companies, the safest approach is not to conduct legal checks after an influencer or social media campaign has been launched, but rather to thoroughly review the advertising text, influencer contract, patient images, target country settings, and the distinction between healthcare facilities and intermediary organizations for legal compliance before the campaign begins.
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