Madras High Court clarifies no ban on doctors and hospitals advertising in media

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

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

A bench of Chief Justice KR Sriram and Justice Senthilkumar Ramamurthy heard the case and raised concerns about regulating such ads. During the hearing, doctors present in the court pointed out that the media cannot be expected to verify the authenticity of every hospital advertisement. They emphasized 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 judges dismissed the petition, stating that they could not issue a general directive to restrict media publications regarding medical advertisements.

The court's ruling underscores the need for proper regulatory channels to address misleading medical advertisements, rather than imposing a blanket ban on media advertisements by healthcare providers.