By Hayley Jones, Director, and Sondra Davoren, Strategic Advisor, McCabe Centre for Law and Cancer
The Netflix series “Apple Cider Vinegar”, which loosely follows the story of Australian wellness blogger and con-woman Belle Gibson, is reigniting discussions about the peddling of false cancer cure claims and highlights the need for stronger protections against health misinformation.
Since Gibson’s case, new laws have been introduced in Australia that target people who promote misinformation about cancer treatment, and the activities of unethical influencers. While these are positive steps, gaps remain. Dealing with health misinformation is a challenge in every country and is increasingly enabled by social media and online platforms. Improving accountability for digital platforms’ role in spreading health misinformation is essential. At a time when Meta—one of the largest digital platforms—is slashing its Fact-Checking Program, we clearly can’t rely on industry self-regulation.
Belle Gibson’s abuse of trust
Gibson shot to fame in 2013 when she released an app and book ‘The Whole Pantry’ which contained recipes, health and lifestyle advice, backed up by claims about her purported terminal brain cancer diagnosis and treatment with natural remedies. Gibson also claimed to have donated proceeds from the sale of the app and book to charities or people in need.
An investigation into Gibson’s fundraising activities showed that not only had the promised funds never been paid, but her cancer diagnosis was also a lie.
Legal action resulted in Gibson being fined $410,000 by the Australian Federal court in 2017 for breaching Australian Consumer Law. She has still not paid what she owes.
Using the law to stop fake cancer cure claims
In Australia, legal frameworks and legislation exist at the state and federal level to address health and cancer misinformation. Through complaints processes and other mechanisms, these laws seek to protect consumers and persons affected by health misinformation. But the frameworks are complex and overlapping, and sometimes it is unclear which agency is responsible. Some people may feel embarrassed or ashamed about believing a fake cancer cure claim and may be reluctant to report their experiences with unscrupulous providers.
Since Gibson’s actions, Victoria’s Health Complaints Act 2016 introduced a Code of Conduct that prohibits a general health service provider from:
- Making claims about curing cancer;
- Making unsubstantiated claims about being able to treat or alleviate the symptoms of cancer or other terminal illnesses; or
- Financially exploiting clients, including by asking clients to give, lend or bequeath money or gifts.
Changes to the Australian Therapeutic Goods Advertising Code prevent influencers from publishing testimonials or offering their personal experience or opinions if they have been paid or gifted a product or service. Under this rule, an influencer such as Gibson would not be allowed to endorse any therapeutic goods while referring to her cancer claims.
Gibson’s rise—like Elle MacPherson’s claims about treating breast cancer with alternative therapies—was fuelled by social media, where health misinformation is quickly and easily shared through digital platforms. According to the World Health Organization, falsehoods are 70% more likely to get shared than accurate news, and a 2021 study found that between 2018 and 2019, nearly one-third of popular social media cancer articles contained misinformation and 76.9% of these contained harmful information. Most concerning, it found that among the most popular articles on Facebook, articles containing misinformation and harmful information received statistically significantly more online engagement.
While Australia’s Combatting Misinformation and Disinformation Bill 2024 stalled, international models such as the EU Digital Services Act and UK Online Safety Act are examples of stronger regulation. Rather than relying on digital platforms to voluntarily self-regulate, notably, these laws:
- impose strong duties on platforms and have substantial penalties for non-compliance (i.e. a percentage of global turnover of the platforms);
- regulate for risk by requiring reporting by platforms and allowing independent verification of a platform’s risk assessment;
- have an independent regulator; and
- are grounded in the protection of human rights.
Working together to combat misinformation
Laws are needed to address health and cancer misinformation, but are not enough on their own. Digital education and media health literacy initiatives, fact-checking and content labelling interventions are also part of the solution, and all sectors–government policymakers, digital platforms, health and community-based organisations—need to work together to address health misinformation.
Together, we must keep working to make our laws and systems better to support and protect people affected by cancer and stop the next modern-day snake oil salesman profiting from pain.
More information
For Australians concerned about fake cancer cure claims or unethical practices, contact your State or Territory’s Health Complaints Commissioner.
For trusted, evidence-based cancer information and support call Cancer Council’s free, confidential telephone information and support service on 13 11 20.
Cancer Council also has a range of publications regarding cancer, proven cancer treatments and complementary therapies, available here: https://www.cancer.org.au/cancer-information/treatment/complementary-therapies
Cancer Council Australia’s iHeard website is a resource created to dispel misinformation about cancer and provides people with accurate and scientifically supported information about cancer, available here: https://www.cancer.org.au/iheard
Read our 2017 blog about Belle Gibson’s case here: https://www.mccabecentre.org/news-and-updates/abuse-of-trust-the-case-of-belle-gibson-and-fake-cancer-cures.html
References:
- Skyler Johnson et al, ‘Cancer misinformation and harmful information on Facebook and other social media: a brief report’ (2022) Journal of the National Cancer Institute 114 (7) available at https://pubmed.ncbi.nlm.nih.gov/34291289/