AI in health content

Artificial intelligence (AI) is rapidly transforming the health and wellness sector. From symptom checkers and skin analysis apps to wearable devices and personalised health platforms, AI is increasingly being promoted to consumers as part of everyday healthcare.

The Therapeutic Goods Administration (TGA) has recently published guidance clarifying how AI-enabled medical software is regulated in Australia. Importantly, AI is not regulated differently simply because it uses artificial intelligence. Rather, regulation depends on the software's intended purpose. If software has a therapeutic or medical purpose, it may be regulated as a medical device and need to be included in the Australian Register of Therapeutic Goods (ARTG) before it can be lawfully supplied in Australia.

WHY THIS MATTERS FOR PUBLISHERS

AI-enabled health products are increasingly appearing in editorial, sponsored and affiliate content. While many resemble ordinary consumer technology, some may be regulated as medical devices because of the claims they make or their intended purpose.

For publishers, the key question is not whether a product uses AI, but what the AI is intended to do. If an AI-enabled product claims to diagnose, monitor, predict or treat a disease or medical condition, additional regulatory obligations may apply.

Understanding this distinction can help publishers identify content that warrants further review before publication and reduce the risk of publishing claims that extend beyond a product's lawful intended purpose.

Examples of AI-enabled health products include:

• symptom checker apps

• skin analysis tools

• heart and ECG monitoring devices

• hearing assessment tools

• fertility and pregnancy tracking apps

• sleep monitoring platforms

• mental health tools

• wearable technology

• personalised health coaching platforms.

Many of these products look like ordinary consumer technology. However, if they claim to diagnose, monitor, predict or treat a disease or medical condition, they may be regulated as medical devices under the Therapeutic Goods Act.

EDITORIAL CONSIDERATIONS

Editorial teams should be particularly cautious when reporting on AI-enabled health products. Before publishing, ask: Is the product simply a wellness or lifestyle tool?

Or does it claim to:

• diagnose a condition?

• detect disease?

• assess a person's health?

• predict health outcomes?

• monitor a medical condition?

• recommend treatment?

• assist healthcare professionals in making clinical decisions?

If the answer is yes, there is a reasonable possibility that the product is regulated as a medical device.

GOOD EDITORIAL PRACTICE

Where possible:

• distinguish between consumer wellness products and regulated medical devices

• avoid presenting AI outputs as established medical fact

• explain that AI tools should not replace professional medical advice where appropriate

• avoid overstating the capability or accuracy of AI-generated results; and

• ensure any statements about diagnosis or treatment are appropriately sourced and balanced.

COMMERCIAL AND SPONSORED CONTENT

Commercial content requires an additional level of scrutiny. Before accepting advertising or sponsored content for an AI-powered health product, publishers should consider:

• Is the product included in the ARTG (where required)?

• Are the claims consistent with the product's intended purpose?

• Does the content accurately describe what the AI actually does?

• Are there claims suggesting the product replaces a healthcare professional?

• Are efficacy claims appropriately substantiated?

• Is the advertiser making claims that extend beyond the product's intended purpose?

The presence of AI does not reduce advertising obligations. In many cases it increases the likelihood that health claims will appear more authoritative than the available evidence supports.

Watch for these claims

Claims such as the following should prompt further review:

• "AI diagnosis"

• "Detects disease in seconds"

• "Medical-grade AI"

• "Clinically proven AI"

• "Predicts future health conditions"

• "Replaces your GP"

• "Eliminates the need for specialist assessment"

• "Early disease detection using AI"

These types of claims may indicate that the product is making therapeutic claims that warrant closer regulatory assessment.

ADREVIEW INSIGHT

The rapid growth of AI in healthcare does not create a new set of advertising rules—it simply means existing principles are being applied to increasingly sophisticated technologies.

Publishers should resist treating "AI-powered" as a badge of credibility. Instead, the focus should remain on what the product claims to do. If an AI-enabled product claims to diagnose, monitor, predict or treat a medical condition, it may be regulated as a medical device and should be assessed accordingly before publication.

PRACTICAL PUBLISHER CHECKLIST

Before publishing editorial or commercial content involving AI-powered health products, consider:

• Does the product make a therapeutic or medical claim?

• Could the software be regulated as a medical device?

• If required, is it included in the ARTG?

• Are the claims supported by appropriate evidence?

• Does the content overstate the capability of the AI?

• Could readers reasonably interpret the product as replacing medical advice or diagnosis?

QUESTIONS TO ASK BEFORE PUBLISHING AI HEALTH CONTENT

• What does the AI actually do?

• Is it making a therapeutic claim?

• Is it a regulated medical device?

• If so, is it included in the ARTG?

• Are the claims supported by evidence?

• Could the content imply the AI replaces a healthcare professional?