38.6c New Delhi, India, Wednesday, June 19, 2024
Judiciary

Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

By Jhanak Singh      17 May, 2024 01:43 PM      0 Comments
Fundamental right to health includes consumers right to be made aware of quality of products SC

NEW DELHI: The Supreme Court has said advertisers or advertising agencies and endorsers are equally responsible for issuing false and misleading advertisements as the fundamental right to health encompassed consumers' right to be made aware of the quality of products offered for sale by manufacturers, service providers, advertisers, and advertising agencies.

A bench of Justices Hima Kohli and Ahsanuddin Amanullah, however, found there is absence of any robust mechanism enacted in law to ensure that the obligations cast on the advertiser to adhere to stipulations in the Guidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022, in letter and spirit.

“It is deemed appropriate to invoke the powers vested in this court under Article 32 of the Constitution for the enforcement of the fundamental right to health that encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service providers, advertisers and advertising agencies,” the bench said.

“To fill up this vacuum, it is directed that henceforth, before an advertisement is printed/aired/displayed, a self-declaration shall be submitted by the advertiser/advertising agency on the lines contemplated in Rule 7 of the Cable Television Networks Rules, 1994,” the bench said.

In its May 7 order in a petition by Indian Medical Association against Yoga Guru Baba Ramdev, the bench said, the self-declaration shall be uploaded by the advertiser/advertising agency on the Broadcast Sewa Portal run under the aegis of the Ministry of Information and Broadcasting. As for the advertisements in the Press/Print Media/Internet, the Ministry is directed to create a dedicated portal within four weeks.

Immediately on the portal being activated, the advertisers shall upload a self-declaration before any advertisement is issued in the press/print media/internet. “Proof of uploading the Self-declaration shall be made available by the advertisers to the concerned broadcaster/printer/publisher/T.V. Channel/electronic media, as the case may be, for the records, the bench said.

“No advertisements shall be permitted to be run on the relevant channels and/or in the print media/internet without uploading the self-declaration as directed above. The above directions shall be treated as the law declared by this Court under Article 141 of the Constitution of India," the bench said.

The court said it is of firm view that advertisers/advertising agencies and endorsers are equally responsible for issuing false and misleading advertisements. The bench said that such endorsements that are routinely made by public figures, influencers, celebrities etc go a long way in promoting a product.

The bench said it is imperative for the advertisers to act with a sense of responsibility when endorsing any product and take responsibility for the same, as reflected in guideline No 8 of the guidelines, 2022 that relates to advertisements that address/target or use children for various purposes.

The court pointed out Guideline No 12 that lays down the duties of manufacturers, service providers, advertisers and advertising agencies to ensure that the trust of the consumer is not abused or exploited due to sheer lack of knowledge or inexperience.

The bench said that a status report of the action taken by the central authority on false and misleading advertisements including food and health products shows that from July, 2020 to April, 2024, the total notices issued by the central authority for misleading advertisements is 163.

Out of the said 163 notices, 58 were closed and the remaining 105 are stated to be under process. Not much light has been thrown on the nature of action taken and the activities of the Authority which is empowered to take even suo moto action, whenever false/misleading advertisements are noticed, the court noted.

The bench directed the Ministry of Consumer Affairs to file an additional affidavit setting out the action taken by the central authority on noticing/being informed of false/misleading advertisements, particularly in the food and health sector.

The court said that the summary of the action taken against broadcasters for violation of the Advertisement Code since 2018 points a dismal picture and action has been taken against the broadcasters for violation of the Advertisement Code in only 60 cases.

“There are only 3 instances of action taken in respect of misleading advertisements aired on FM Radio. The Press Council of India is stated to have received 77 complaints relating to misleading advertisements since the year 2018. Out of those 77 cases, 39 have been closed being defective, 15 have been closed on undertaking from the respondents stating that they will not publish such advertisements in the future and 17 cases are on-going," the bench said.

The court fixed the matter for consideration on July 9.

 

[Read Order]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS

historic-moment-all-four-gates-of-puris-jagannath-temple-reopened-after-bjps-landmark-victory-in-odisha
Trending News Updates
Historic Moment: All Four Gates of Puri’s Jagannath Temple Reopened After BJP’s Landmark Victory in Odisha

Historic Moment All Four Gates of Puris Jagannath Temple Reopened After BJPs Landmark Victory in Odisha

18 June, 2024 11:03 AM
education-minister-admits-irregularities-in-neet-ug-centre-nta-to-face-probing-queries-in-sc
Trending Executive
Education Minister admits irregularities in NEET UG; Centre, NTA to face probing queries in SC

Education Minister admits irregularities in NEET UG; Centre, NTA to face SC probe over exam conduct and paper leak allegations, counselling to proceed.

18 June, 2024 12:14 PM

TOP STORIES

karan-johar-moves-bombay-high-court-against-film-shaadi-ke-director-karan-aur-johar
Trending CelebStreet
Karan Johar moves Bombay High Court against film ‘Shaadi Ke Director Karan Aur Johar’

Karan Johar files a lawsuit in Bombay High Court against the film “Shaadi Ke Director Karan Aur Johar,” seeking to prevent the use of his name in the title.

13 June, 2024 12:01 AM
conspired-to-transform-india-into-an-islamic-country-by-2047-bombay-hc-denies-bail-to-3-islamists-pfi-members
Trending Judiciary
Conspired to transform India into an Islamic country by 2047: Bombay HC denies bail to 3 Islamists PFI members [Read Order]

Bombay High Court denies bail to three PFI members accused of plotting to turn India into an Islamic state by 2047, citing strong evidence and risk of tampering.

13 June, 2024 12:37 AM
delhi-hc-refuses-to-stay-neet-ug-admissions-counselling-over-paper-leak-allegations
Trending Judiciary
Delhi HC refuses to stay NEET-UG admissions counselling, over paper leak allegations

Delhi High Court refuses to stay NEET-UG 2024 counselling amidst allegations of irregularities.

13 June, 2024 12:48 PM
centre-to-hold-re-test-for-1563-candidates-awarded-grace-marks-in-neet-ug-2024
Trending Judiciary
Centre to hold re-test for 1563 candidates awarded grace marks in NEET UG, 2024 [Read Order]

Centre to hold re-test for 1563 candidates awarded grace marks in NEET UG 2024. Date for re-test to be notified on June 13, results by June 30.

13 June, 2024 01:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email