PBA Social Media Obligations Under National Law

What must a registered health practitioner do when using social media?

• Comply with confidentiality and privacy obligations

• Comply with the professional obligations as defined in the relevant Board’s code of conduct

• Maintain professional boundaries

• Communicate professionally and respectfully

• Not present information that is false, misleading or deceptive, including advertising only claims that are supported by acceptable evidence

On what grounds would AHPRA and the National Boards investigate or consider taking action for a social media-related notification?

• Limited grounds; discrimination, racism or intolerance of healthcare, or when there is risk to the public

• Other considerations may be investigated, but given the freedom of expression and right to communicate as a health practitioner (including advocating), practitioners will not be investigated for holding or expressing their views

When is a social media post likely to breach professional obligations?

Regulatory action may be considered if the way a practitioner expresses their views:

• Presents a risk to public safety;

• Provides false or misleading information or breaches privacy or confidentiality;

• Risks the public’s confidence in their profession; or

• Requires action to maintain professional standards.

What may be considered ‘harm’ to patients and the profession?

• Confidentiality breach

• Defamation of colleagues or employers

• Violation of practitioner-patient boundaries

• Unintended exposure of personal information to the public, employers, consumers and others