Why these images get special attention
AHPRA's guidance says care should be taken when using before and after images to advertise a regulated health service. These images can be misleading or deceptive, and they can lead a member of the public to expect a successful outcome. The concern is the expectation a picture creates, not only whether the picture itself is accurate.
Results also vary from one patient to the next. A single pair shows one person's outcome, so it tells a new patient very little about what they can expect.
Section 133 of the National Law governs this area. It is mostly concerned with what an ad does to the person viewing it, rather than the particular words used. A before and after pair is judged by the impression it leaves. A pair can cause a problem even when every sentence beside it is accurate.
Where the rule applies
The guidance covers any material you control. That includes your website, social posts, brochures, paid ads and printed material. It also covers copy a supplier or agency writes for you, because the practice carries the risk for the ads it runs.
What makes a pair less likely to mislead
AHPRA sets out conditions that make a before and after pair less likely to mislead. Check each one against your own images:
- The two images are as similar as possible in content, camera angle, background, framing and exposure.
- Posture, clothing and make-up are consistent across both images.
- Lighting and contrast match.
- If the image has been altered in any way, the ad explains how.
- The treatment is the only visible change to the person photographed.
Photos often fail on lighting and posture. A patient who has changed their hair, tan or stance between shots has changed more than the treatment, and the viewer has no way to separate the two.
The two potential breaches
AHPRA identifies two situations where advertising may breach the National Law.
The first is when it is not clear how the advertised treatment is responsible for the benefit shown. If a viewer cannot see how the treatment produced the change, the image implies a link the ad has not made.
The second is when images are not genuine, or have been edited or enhanced. That covers retouching that changes skin, shape or colour, and it covers filters. It also covers composites, stock photos presented as "our results", and photos from another practice. Images generated with software are not genuine patient photos, so they belong in the same category.
Consent is a separate question
Consent is where the advertising guidance stops and other obligations start. Using a patient's photo in marketing, and how that photo is stored and shared, falls under privacy and health records obligations that sit alongside the advertising rules. The advertising guidance does not settle consent on its own, so check what applies to your practice.
In practice, get written consent that names the marketing use before any image goes live. Keep a record of what the patient agreed to. If they withdraw that agreement, remove the photo.
Patient words next to the photos
Before and after photos often sit next to a patient's comment about how the treatment went. That combination needs a second check.
Section 133 prohibits the use of testimonials or purported testimonials in advertising. AHPRA's examples include patient stories, experiences and success stories. A before and after pair presented as a success story is the kind of content that rule covers.
AHPRA does not advise editing reviews or testimonials to fit the rules. The risk that an edited review becomes misleading is high, so trimming a patient's words to make them safe usually fails.
Where clinics commonly go wrong
The same mistakes come up repeatedly. The table below lists the most common ones.
| What the clinic does | What the problem is | What to do instead |
|---|---|---|
| Posts the best pair from a patient's file | The two photos were not taken under matching conditions | Use a set taken under the same conditions, or publish no pair |
| Retouches skin, shape or colour | The image is not a genuine record of the result | Publish the photo as taken, and state any edit that was made |
| Uses stock images or another practice's photos as "our results" | The image is not genuine | Use your own photos from patients who gave written consent, or use no pair |
| Places a patient's praise beside the pair | The pair becomes a testimonial or success story | Remove one or the other, and check the testimonial rules |
Before you publish
Ask four questions of every pair:
- Were both images taken under conditions you can show match?
- Is the treatment the only visible change, and can a viewer see how it caused the result?
- Has anything been altered, and does the ad say so?
- Is there written consent for this use, and is any patient comment kept away from the pair?
If a request crosses one of these lines, say so in writing and propose a version that keeps the commercial point. A plain description of the treatment, how it is assessed and who it suits often does that job without a photo pair.
The wider list of claims, offers and patient comments that the rules prohibit is on the prohibited claims page.
Frequently Asked Questions
What makes a before and after pair less likely to mislead?
The two images should match as closely as possible in camera angle, framing, background and lighting, with posture, clothing and make-up consistent. The treatment should be the only visible change, and the ad should explain any alteration.
What consent do we need before using a patient's photo?
Consent sits under privacy and health records obligations alongside the advertising rules, so the advertising guidance does not settle it on its own. In practice, the page advises written consent that names the marketing use before any image goes live, and removing the photo if the patient withdraws that agreement.
Can a patient comment sit next to a before and after pair?
Only after a second check, because a pair presented as a success story falls under the testimonial rule. The page advises removing either the pair or the patient comment, and it does not recommend trimming the comment to make it safe.
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General information only. It is not legal advice and does not replace the current guidelines published by AHPRA and the National Boards. Check the source material or seek advice on your specific situation.