Social Media in Medical Practice

Question 1

What is defamation

Answer 1

Defamation can be defined as the wrongful, intentional
publication of words or behaviour concerning another person which has the effect
of injuring his/her status, good name or reputation

Question 2

The right of freedom of expression is limited by which law?

Answer 2

It is limited by section 16(2) of the
Constitution which provides that the advocacy of hatred based on race, ethnicity, gender or religion that results in an incitement to cause harm is prohibited.

The offence can only be committed “knowingly”. It is not an offence, however, to download or possess hate speech.

Question 3

What does Section 12 of the Equality Act, 4 of 2000 stipulate

Answer 3

It stipulates that a person may not disseminate or broadcast any information, or publish or display any advertisement or notice, which amounts to hate speech that clearly intends to unfairly discriminate against any person.

Question 4

What should physicians using social media for official purposes be aware of?

Answer 4

Postings must be kept legal, ethical and respectful.

Personal details of patients may not be disclosed.

Confidential information may not be disclosed.

Copyright laws must be adhered to.

The information that is published must be accurate and not confidential.

Question 5

Physicians can used Social Media However?

Answer 5

It should be used it in such manner, that it does not infringe on the privacy, dignity or reputation of the patient, or on the image of the medical profession.

Question 6

What does the British Medical Association advise Physicians

Answer 6

1. Social media can blur the boundary between an individual’s public and professional lives.
2. Doctors and medical students should consider adapting conservative privacy settings where these are available.
3. The ethical and legal duty to protect patient confidentiality applies equally on the internet as to other media.
4. It would be inappropriate to post informal, personal or derogatory comments about patients or colleagues on public internet forums.
5. The BMA recommends that doctors and medical students should not accept Facebook friend requests from current or former patients.
6. Defamation law can apply to any comments posted on the web made in either a personal or professional capacity.
7. While discussion about patients and clinical experiences amongst colleagues online can have both educational and professional benefit, informal discussion about patients on public internet forums should be avoided:

Normally a contract between a doctor and a patient, is one of mandate.

One of the characteristics of such a contract is the confidential relationship between the parties.

This relationship prescribes that a doctor may not, without the patient’s consent, disclose any confidential information about him/her (exceptional circumstances excluded).

A patient may sue a doctor on basis of
breach of contract when the doctor does disclose information (Jaansen Van Vuuren N.O. v Kruger)

Question 7

Section 14 of our Constitution which provides that:

Answer 7

Everyone has the right to privacy, which includes the right not to have: -

a) Their person or their home searched;
b) Their property searched;
c) Their possessions seized; or
d) The privacy of their communications infringed.

Question 8

Section 16 of our Constitution asserts that:

Answer 8

Everyone has the right to freedom of expression which includes: -

a) freedom of the press and other media;
b) freedom to receive or impart information or ideas.”