Can’t prohibit media from publishing ads by docs, hospitals: HC

Can’t prohibit media from publishing ads by docs, hospitals: HC

Sureshkumar.K@timesofindia.com 10.11.2024

Chennai : Madras high court has refused to entertain a public interest writ petition to prohibit television channels, newspapers and magazines from publishing advertisements issued by doctors and hospitals to promote medical practice commercially. People aggrieved by such advertisements can lodge complaints with the regulatory authority, such as the medical commission, and it is up to the authority to take appropriate action, the first bench of Chief Justice K R Sriram and Justice Senthilkumar Ramamoorthy said on Friday.

 “We cannot expect the media to verify if each advertisement is misleading but can only expect that channels do not advertise something detrimental to the general public,” the bench said. According to the petitioner, M Mangaiyarkarasi, such advertisements could mislead the general public and hence some prohibition was necessary. Therefore, she wanted the court to take action against the TV channels and other media that broadcast such advertisements. Recording the submissions, the court said that when a person without a law degree argues before a court, the Bar Council cannot take action against the person. Instead, a police complaint must be lodged, and action must be initiated by the police. 

Similarly, when fake doctors advertise on media platforms, an appropriate complaint must be made to the police, who can investigate the matter, the judges added. The Drugs and Magic Remedies (Objectionable Advertisements) Act already has remedies in cases of false advertising, and that would effectively redress the grievance of the petitioner, the court said.