The Supreme Court of India has ruled that the fundamental right to health includes the right of consumers to be informed about the quality of products offered by manufacturers, service providers, advertisers, and advertising agencies. This landmark decision highlights the importance of consumer awareness in health-related matters.
Self-Declaration Requirement for Advertisers
To enforce this right, the Court mandated that advertisers and advertising agencies must submit a self-declaration before any advertisement is printed, aired, or displayed. This declaration must stick to to the guidelines set forth in Rule 7 of the Cable Television Networks Rules, 1994.
Case Background: Misleading Medical Advertisements
This ruling emerged from a case filed by the Indian Medical Association (IMA) against Patanjali Ayurved Ltd. The IMA sought regulation of misleading medical advertisements published by the company. During the proceedings, contempt charges were brought against Patanjali Ayurved and its founders, Baba Ramdev and Acharya Balkrishna.
Responsibility of Advertisers and Endorsers
The Court highlighted the equal responsibility of advertisers, advertising agencies, and endorsers, including celebrities and influencers, in preventing false and misleading advertisements. The Court highlighted the significant influence of public figures in promoting products and stressed the need for them to act responsibly.
Guidelines for Endorsements
The judgment referred to several guidelines outlined in the Guidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022. Guideline No. 8 pertains to advertisements targeting or using children, while Guideline No. 12 outlines the duties of manufacturers, service providers, advertisers, and advertising agencies to protect consumer trust. Guideline No. 13 mandates due diligence for endorsements, requiring endorsers to have adequate information or experience with the products they promote.
Need for a Robust Complaint Mechanism
The Court noted the lack of a robust mechanism for consumers to lodge complaints against misleading advertisements. To address this, the Court invoked its powers under Article 32 of the Constitution to ensure the enforcement of the fundamental right to health, which includes consumer awareness about product quality.
Implementation of Self-Declaration on Broadcast Sewa Portal
Advertisers must now upload their self-declarations on the Broadcast Sewa Portal managed by the Ministry of Information and Broadcasting. The Ministry has been directed to create a similar portal for press, print media, and internet advertisements within four weeks from the order date. Proof of this self-declaration must be provided to broadcasters, printers, publishers, TV channels, and electronic media before any advertisement is issued.
The Supreme Court’s directives are to be treated as law under Article 141 of the Constitution of India, ensuring that no advertisements are permitted without the required self-declaration.
Case Citation
The case is titled Indian Medical Association v. Union of India, W.P.(C) No. 645/2022.