There have been number of recent cases where doctors have come to the attention of the GMC through their participation in activism, either on social media or through protests or direct action.

We're also sometimes asked by members whether the GMC bars doctors from speaking about certain controversial topics. Unsurprisingly, the answer is more nuanced and complicated than that.

What does the GMC say?

In its guidance on personal beliefs and medical practice, the GMC recognises that "personal beliefs and cultural practices are central to the lives of doctors and patients", but also explores how a doctor's beliefs and conscience must be managed in the context of the law and with the needs of patients.

The GMC has previously sought to explain how its guidance applied to doctors taking part in protests. In 2019, it acknowledged that doctors are, "entitled to their own personal political opinions," and explicitly stated that, "nothing in the standards we set prevents them from exercising their rights to lobby government or to campaign on issues."

The 2019 guidance explained that there is no ban on discussing specific topics. However, if a complaint was made to the GMC about a doctor's activism, the GMC would be obliged to consider whether it raises a concern about that doctor's practice.

That might be through considering how the doctor went about making a point - for example, on social media - and typically what impact that might have on the public's confidence in doctors overall. Or it might relate to whether an offence that relates to a doctor's involvement in activism or protest raises a concern about their fitness to practise

How cases are considered

Needless to say, each case will turn on its own facts, and it is very difficult to predict whether a proposed course of action will result in a GMC investigation or a regulatory sanction. But in its news piece, the GMC tries to give some insight into how cases are considered, including citing the factors it will consider when assessing whether a concern about a doctor involves a serious breach of their standards or raises any risk to public protection.

These include not only the seriousness of the concern, but the individual circumstances relating to the concern and "how the doctor has responded to the concern, including any insight or lack of insight into how their behaviour had the potential to undermine public confidence."

It also lists a series of factors that affect how serious the GMC considers a doctor's conduct to be, and which might increase the likelihood of the GMC needing to investigate. Some are easy to understand, such as whether it's alleged that the doctor's actions risked harm to others or caused damage to property, or if they were abusive, fled the scene or were accused of assaulting a police officer.

Others relate to whether the rule of law might be undermined - for example, repeated breaches of the law or court orders, or attempts to mislead the police, an employer or the GMC in relation to the event.

Doctors' duties and obligations

The full list of factors is on the GMC's website, which includes some examples of how it might approach a complaint made about a doctor taking part in a protest, a doctor convicted of criminal damage and a doctor convicted of criminal damage and abusing a police officer.

It's also important that doctors remember their duty to inform the GMC if they are charged with or convicted of any criminal offence, or have accepted a caution. Failing to do so may be an aggravating factor that results in the GMC choosing to pursue a matter that it otherwise wouldn't have done.

Although this clarification from the GMC is useful, it remains that every case will be considered on its own circumstances. It's vital for doctors to remember that their conduct outside of medicine can come under regulatory scrutiny.