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Ministry of Health’s new advertising regulations impact on influencers explained

Arkan International Law Office noted that Article 15 prohibits advertising service prices, products, or devices without Ministry of Health approval, applying to all health facilities, with the minister responsible for setting rules, conditions, fees, and approval procedures.

• Arkan International Law Office examined Minister of Health Decision No. 9 of 2025, which regulates medical advertisements for pharmaceutical centers and private-sector establishments, noting that Article 16 prohibits advertising health or aesthetic products without prior licensing from the ministry.

• The study clarified that Article 1 of Law No. 70 of 2020 defines ‘profession’ as medical and allied professions, with ‘medical profession’ specifically referring to human medicine and dentistry.

• The study confirmed that Ministerial Resolution No. 9 of 2025 unlawfully restricts existing laws by applying to unregulated entities like private pharmacies, social media influencers, and commercial advertisers, without defining key terms and potentially conflicting with other regulatory authorities outside the Ministry of Health.

A legal study conducted by Arkan International Law Office and Legal Consultations examined the provisions, scope, and appeal process of Minister of Health Decision No. 9 of 2025, which regulates medical advertisements for pharmaceutical centers, retail outlets, and private-sector establishments.

Citing Article 1 of Law No. 70 of 2020 on the practice of medicine, allied professions, patient rights, and healthcare facilities, the study clarified that terms used in the law carry specific definitions.

According to Al Jarida newspaper, the law defines profession as the medical and allied professions, while medical profession specifically refers to human medicine and dentistry.

A doctor is defined as “anyone holding a university degree in human medicine or dentistry from a recognized institution, approved by the relevant authorities. Allied medical professions include those supporting human medicine and dentistry as outlined in the law.”

A health facility refers to “any place designated and equipped to provide medical services or healthcare for diagnosis, treatment, disease prevention, rehabilitation, or recovery.”

Arkan noted that Article 3 of the same law stipulates that the following professions are considered auxiliary to the medical profession: nursing and auxiliary nursing services, oral health and dental laboratories, physical therapy and occupational therapy, optics, radiology, nuclear medicine and radiation protection, medical and health laboratories, prosthetics, medical emergencies, speech and hearing, public health, therapeutic nutrition and feeding, psychotherapy and psychological counseling, sterilization, and other auxiliary medical services, including tissue transplantation, organ preservation, brain, heart, and muscle mapping, anesthesia, artificial heart and respiratory therapy, genetic testing, foot treatment, and drug preparation and control.

The office also noted that Article 15 prohibits practitioners from advertising service prices, products, or devices without prior approval from the ministry. This restriction applies to all health facilities, with the minister responsible for setting advertising rules, conditions, fees, and approval procedures.

Article 16 states that “advertising any medicine, preparation, formulation, stimulant, special food, device, machine, equipment, or tool related to health or aesthetics that affects the human body is prohibited without prior licensing from the competent authority in the ministry.”

Arkan explained that Article 1 of Law No. 28 of 1996, regulating the pharmacy profession and drug circulation, mandates that pharmacy practice requires a Ministry of Health license, with executive regulations defining licensing conditions. Article 2 prohibits opening a private pharmacy without prior approval, while Article 3 forbids pharmacies from possessing or selling drugs unless sourced from authorized pharmaceutical agents, licensed warehouses, or factories.

It added that Article 2 of Ministerial Resolution No. 9 of 2025, governing medical advertisements for pharmaceutical centers and private-sector retail outlets, defines an advertisement as any promotional content—regardless of form—related to medicines, health products, supplements, herbal preparations, cosmetics, or medical supplies. Advertising, whether in written, audio, visual, or other media, by pharmacy professionals or establishments, is prohibited without authorization.

Article 3 states that the provisions of this decision also apply to advertisements for the materials and products mentioned in Article 2 when published on websites, apps, social media, commercial ad accounts, display platforms, influencer accounts, or personal accounts of pharmacy professionals and their auxiliaries.

Article 18 stipulates that, without prejudice to harsher penalties under other laws, violations of this decision are subject to the penalties and administrative sanctions outlined in Articles 14 and 15 of Law No. 28 of 1996 (amended by Law No. 30 of 2016) and Article 73 of Law No. 70 of 2020.

Article 19 exempts advertisements published by the Ministry of Health and pharmacies under government agencies, while Article 20 states that the decision applies to pharmacy professionals, pharmacy centers, license holders, and managers.

After reviewing the legal provisions, the office commented: “These texts indicate that the legislator, through Law No. 70 of 2020, regulated the practice of human medicine, dentistry, and auxiliary professions, defining applicable terms and requiring practitioners to obtain ministry approval before engaging in these fields.”

The legislator outlined prohibitions for those governed by the law, distinguishing between absolute bans and those requiring prior authorization from the competent authority. Certain activities were permitted under specific conditions, with penalties imposed for violations based on the severity of the offense.

Arkan added that “Law No. 28 of 1996 also carefully defines the conditions pharmacies must meet and establishes strict licensing procedures. It limits the administrative authority’s role to verifying compliance with these conditions, without granting discretion beyond the law’s framework.”

It continued that “The legislator authorized the Minister of Health to regulate pharmaceutical advertising, recognizing that pharmacies not only sell medicines but also promote them as part of their function. However, the minister is restricted to regulating the advertising method, not banning it, ensuring both access to medicines and fair competition among pharmacy owners.”

It added that “This means advertising medicines and pharmaceutical preparations is generally allowed without prior permission, except as regulated by the minister’s decision. The minister and his employees oversee compliance, with Article 15 setting penalties ranging from 100 to 1,000 dinars for violations of advertising regulations.”

The study emphasized that the legislator alone has defined prohibitions on pharmacy-related activities, as outlined in Articles 4 and 8 of Law No. 28/96, without delegating this authority to lower-level regulatory bodies. The legislator intended for pharmacy operations to align with free-market principles.

It concluded that the legislator distinguished between advertising regulations for those governed by the Pharmacy Profession Law and those under the Medical Profession Law. The minister’s authority over pharmacy advertisements is limited to regulating their method, while for medical advertisements, prior ministry approval is required. The minister alone is responsible for setting advertising rules, conditions, fees, and controls.

The study confirmed that, given the above, it is unacceptable for Ministerial Resolution No. 9 of 2025—regulating medical advertisements for pharmaceutical centers and retail establishments in the private sector—to restrict the application of existing laws in a manner that renders them illegitimate. The resolution includes several forms of such restrictions:

  1. Restricting pharmacy advertising rights: The resolution makes prohibition the rule and permission the exception, contradicting Article 15 of Law No. 28/96 and unjustifiably limiting its scope.
  2. Exempting government health advertisements: The resolution violates Article 15 of Law No. 70/2020, which requires government hospitals and their pharmacies to obtain prior ministry approval for advertisements.
  3. Unfair discrimination between public and private facilities: By exempting government hospitals and pharmacies from advertising restrictions, the resolution violates the principle of equality before the law.
  4. Including unregulated entities: The resolution applies to private pharmacies, social media influencers, and commercial advertisers, none of whom fall under Law No. 70/2020. It also fails to define “influencers” and “commercial advertisement accounts,” some of which may be regulated by other authorities outside the Ministry of Health.
  5. Unlawful criminal penalties: The resolution imposes penalties on individuals not subject to the laws governing the medical profession, violating Article 32 of the Constitution, which states that no crime or penalty exists without legal basis.
  6. Overly broad scope: The resolution’s vague language extends its application to all products and materials, medical or otherwise, violating the principle of criminal legality.

Determining the scope of Resolution No. 9 of 2025

The study stated that “Despite its violations, the resolution remains in effect and applies to all those it addresses. However, attempting to extend its provisions to social media influencers and companies specializing in commercial advertisements or display platforms contradicts the law and constitution. These attempts must be challenged and overturned through the judiciary.”

Appeal methods

The resolution can be appealed in one of two ways:

  1. Direct appeal: Challenging the resolution before the Administrative Division of the General Court on the grounds of illegality or before the Constitutional Court on the grounds of unconstitutionality.
  2. Indirect appeal: Contesting the resolution when the Ministry of Health enforces its provisions on social media influencers or commercial advertising companies.


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