Madras High Court rejects petition to ban medical advertisements

The Madras High Court has ruled that there is no ban on doctors and hospitals advertising in the media, dismissing a petition that sought restrictions on such advertisements. The court's observation came during a hearing of a Public Interest Litigation (PIL) filed by Mangaiyarkarasi, who sought the regularisation of medical advertisements in newspapers, television, and other media platforms.

The petitioner argued that advertisements by doctors and hospitals often mislead the public with exaggerated or false claims about medical treatments. She contended that such ads promote fake doctors, dubious drugs, and questionable medical practices, and called for a media ban on these misleading advertisements.

A bench comprising Chief Justice KR Sriram and Justice Senthilkumar Ramamurthy heard the case and expressed concerns about regulating such advertisements. Doctors present in the court pointed out that the media cannot be expected to verify the authenticity of every hospital advertisement. They stressed that the responsibility to take action against violators lies with the Medical Commission, not the media.

The court acknowledged that existing laws already provide mechanisms to address objectionable advertisements. It advised the petitioner to file complaints with the Medical Commission or the police if she encountered instances of fake hospitals or doctors advertising. Ultimately, the bench dismissed the petition, stating that they could not issue a general directive to restrict media publications of medical advertisements.

The ruling highlights the importance of proper regulatory channels to address misleading medical advertisements, rather than imposing a blanket ban on media advertisements by healthcare providers.