diante de um mercado saturado e com excesso de oferta de cursos de graduação e pós-graduação, as mídias sociais tornaram-se um atrativo veículo para publicidade em Odontologia. Entretanto, são frequentes as postagens com violações éticas, mercantilização e conteúdo em desacordo com o Código de Defesa do Consumidor.

Objetivo:

o presente artigo tem como objetivo contribuir para a discussão e elucidação das questões relativas à publicação de imagens clínicas e de pacientes nas mídias sociais, com o intuito comercial e autopromoção, enfocando os desdobramentos éticos e legais.

Conclusão:

as mídias/redes sociais são valiosas ferramentas de divulgação e troca de informação, por sua agilidade, caráter democrático e baixo custo. Contudo, sua utilização de forma abusiva e enganosa, com infrações éticas e legais, associada à dificuldade de fiscalização, pode trazer sérios prejuízos, resultando em jurisprudências desfavoráveis.

Palavras-chave:
Mídias sociais; Ética odontológica; Odontologia legal

Autoria

Alexandre Henrique de Melo Simplício

São Paulo State University, School of Dentistry of Araraquara, Araraquara, Brazil.São Paulo State UniversityBrazilAraraquara, BrazilSão Paulo State University, School of Dentistry of Araraquara, Araraquara, Brazil.

Federal University of Piauí, School of Dentistry, Graduate Program in Orthodontics, Teresina, Brazil.Federal University of PiauíBrazilTeresina, BrazilFederal University of Piauí, School of Dentistry, Graduate Program in Orthodontics, Teresina, Brazil.

https://orcid.org/0000-0002-3436-7826

Contact address: Alexandre Henrique de Melo Simplício E-mail: alexcoeli@uol.com.br

Conception or design of the study; Data acquisition, analysis or interpretation; Writing the article; Critical revision of the article; Final approval of the article; Obtained funding; Overall responsibility: AHMS.

»
The authors report no commercial, proprietary or financial interest in the products or companies described in this article.

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Figuras | Tabelas

Figuras (4)
Tabelas (2)

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Figure 1
Pre- and post-treatment images of a case allegedly treated using functional orthopedics.

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Figure 2
Actual pre- and post-treatment photographs of case in Figure 1; treatment using functional orthopedics.

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Figure 3
Pre- and post-treatment photographs of a case of whitening in which manipulation of final image is obvious, as even the patient's skin is whiter.

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Figure 4
Pre- and post-treatment photographs of a facial harmonization case with head position manipulated in final photo to simulate profile improvement.

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Box 1
Chapter XVI of the Code of Ethics for Dentists - Obligatory and optional information in advertising and marketing.

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Box 2
Chapter XVI of CEO - Ethical violations in advertising and marketing.

Figure 1 Pre- and post-treatment images of a case allegedly treated using functional orthopedics.

Figure 2 Actual pre- and post-treatment photographs of case in Figure 1; treatment using functional orthopedics.

Figure 3 Pre- and post-treatment photographs of a case of whitening in which manipulation of final image is obvious, as even the patient's skin is whiter.

Figure 4 Pre- and post-treatment photographs of a facial harmonization case with head position manipulated in final photo to simulate profile improvement.

Box 1 Chapter XVI of the Code of Ethics for Dentists - Obligatory and optional information in advertising and marketing.

CHAPTER XVI - OF COMMERCIALS, ADVERTISING AND MARKETING

Section 41. Communications and dissemination of information in Dentistry shall follow the provisions made in this Code.

Paragraph 1. Dental prosthesis technicians, oral health technicians, dental prosthesis assistants and dental prosthesis laboratories shall not produce commercials, advertisements and marketing actions directed to the public in general.

Paragraph 2. The workers listed in Paragraph 1, except oral health assistants, may post advertisements in journals, newspapers or specialized brochures, as long as they are directed to dentists and include their own name or the laboratory name, the service’s technical manager, and the number of registration in the Regional Council of Dentistry.

Paragraph 3. Dental prosthesis laboratories shall exhibit, in a place of easy visualization to the public, the information provided by the Regional Council of Dentistry about the legislation that restricts the direct provision of services to patients.

Section 42. Ads, commercials and marketing actions may be included in any means of communications as long as the provisions of this Code are followed.

Section 43. All communications and advertising of information shall obligatorily have the name and registration number of the person or business, as well as the name used for the dental profession and the other regulated auxiliary occupations. In the case of businesses, there should also be the name and registration number of the technical manager.

Paragraph 1 In addition, the following may also be included in communications and advertising actions:

I - areas of specialization, treatment procedures and techniques, as long as preceded by the name of the specialty registered in the Regional Council or of the professional qualification as a dentist. Areas of work and the procedures adopted in the specialties recognized by the Federal council;

II - specialties of registration of the dentists in the Regional Council;

III - graduate and teaching degrees in the professional area;

IV - address, phone, fax, electronic address, working hours, health insurance programs, agreements, home and hospital care;

V - graphic logo and logotype; and

VI - the title “general dentist” for dentists that work in Dentistry.

Paragraph 2. Businesses, when they refer to or illustrate specialties, should include a professional registered in the Regional Council for the specialties advertised. A list of the professionals and their qualifications should be available to the public and, in case of general dentists, they should be listed together with their areas of work resulting from the knowledge acquired in undergraduate or graduate programs.

Box 2 Chapter XVI of CEO - Ethical violations in advertising and marketing.

CHAPTER XVI - OF ANNOUNCEMENTS, ADVERTISING AND MARKETING

Section 44. The following are ethical violations:

I - to use deceptive or abusive advertising and marketing, which includes the use of pre- and post-treatment photographs, prices, free services, payment plans, or any other forms of commodification of Dentistry, or that in any way goes against the provisions of this Code;

II - to announce or advertise degrees, qualifications, specialties that are not held, or are not registered in or accredited by the Federal Council.

III - to advertise or announce techniques, treatments or areas of work that have not been scientifically proved, neither facilities or equipment that have not obtained a valid registration with regulatory agencies;

IV - to criticize techniques used by other dentists as inadequate or outdated;

V - to offer appointments, diagnoses or treatment prescriptions, or to publish clinical outcomes in any means of communications, as well as to let their personal participation in the publication of dental topics lose its exclusive explanatory and educational character for the community;

VI - to publish name, address or any other information that identifies patients, unless they or their guardians have given their free and informed consent for that, and as long as the publication does not have the purpose of self-promotion or benefit of the dentists themselves or the dental service company, in agreement with the provisions of this Code;

VII - to gain patients by offering or allowing the offer of services by means of false, irregular, illicit or immoral ads, with the purpose to attract patients, or to perform other acts that characterize unfair competition or vilification of the profession, particularly the use of the word “popular”;

VIII - to induce public opinion to believe that a field of clinical work is restricted to some dentists;

IX - to offer free services with the purpose of self-promotion, or to promote campaigns offering favors that characterize quid pro quo;

X- to announce professional services as a prize in competitions and contests of any nature or as a means to acquire other goods through the use of the services provided;

XI - to promote environmental pollution directly or indirectly by advertising or marketing;

XII - to use advertising artifices to gain customers in the public, particularly by using photographs taken before, during and after treatment or images of dental procedures;

XIII - to participate in group buying programs offering services in means of communications; and to announce and offer dental services for commercial purposes or to gain patients by using discount cards, discount programs, direct mailing via the Internet, promotional or group buying sites, active telemarketing to the population in general, promotional stands, portable boom boxes or car stereo systems, human billboards and any other means that characterize unfair competition and professional vilification.

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[1] Contact address: Alexandre Henrique de Melo Simplício E-mail: alexcoeli@uol.com.br