ORDER Gangele, J. -- 1. The Public Interest Litigation has been filed by a practicing advocate. 2. The allegation in the petition is that many advertisements have been published by the companies in the newspapers and it has been claimed in the advertisement that their products provide best treatment for particular ailment. It has further been pleaded that some of the advertisements are related to improvement in sex power, but it has no clinical and research based results. In some of the advertisements, phone numbers have been given in the name of Friendship Club, however, these advertisements are advertisements of giving phone numbers for sex. Even the advertisements of liquor have been published, which are illegal. 3. Learned counsel, who is also a petitioner, has contended that on television also certain advertisements have been shown, which have no proof of clinical trial. He, further submitted that in Astha channel regularly Baba Ramdev used to declare that his medicines have 100% cure at particular ailment including cancer, however, there is no proof or clinical trial. 4. The aforesaid argument has been advanced by the petitioner orally. No pleading to this effect has been given in the petition neither any CD of the programme has been filed along with the petition. Only one paper cutting of newspaper “Dainik Bhaskar” has been filed. 5. Respondent No.6, Chairman, Advertising Standards Council of India, in its reply, submitted that the Advertising Standards Council of India, ASCI founded in 1985. It is an independent NGO consisting advertising industry viz. advertisers, adverising agencies, media and allied professions. The aim of ASCI is to maintain and enhance the public confidence in advertising. The advertising material must be truthful, legal and honest and decent. It has a Board of Governors, the Consumer Complaints Council (CCI) and there are sixteen members in the Board of Governors. It has further been submitted that any person can lodge his complaint with ASCI offended by an advertisement. A form has been prescribed for filing the complaint. The complaint could also be lodged on-line free of cost. The ASI investigates the complaint and the procedure is defined under three categories; Pre-Consumer Complaints Council (CCC) Meeting Procedure, CCC Meeting Procedure and Post CCC Meeting Procedure. It is further submitted that the present petitioner has not filed any complaint to this effect. 6. The complaint could also be lodged on-line free of cost. The ASI investigates the complaint and the procedure is defined under three categories; Pre-Consumer Complaints Council (CCC) Meeting Procedure, CCC Meeting Procedure and Post CCC Meeting Procedure. It is further submitted that the present petitioner has not filed any complaint to this effect. 6. From the aforesaid reply, it is clear that the petitioner has remedy to file a complaint before the ASCI in prescribed form. 7. Respondent No.4 Press Council of India, has also filed its reply. It is pleaded in the reply that the Press Council of India was established under the Press Council Act of 1978. The object of the Institution is to preserve the freedom of the press and maintain and improve its standards. The Press Council of India has framed Norms of Journalist Conduct, Edition 2010, in order to build-up Code of Conduct for newspapers, news agencies and journalists in accordance with High Professional Standards. This Code relates to Print Media. Norm 36 of the Journalist Conduct 2010 deals with advertisement. The aforesaid is as under : “36. Advertisements. -- (i) Commercial advertisements are information as much as social, economic or political information. What is more, advertisements shape attitude and ways of life at least as much, as other kinds of information and comment. Journalistic propriety demands that advertisements must be clearly distinguishable from news content carried in the newspaper. (ii) No advertisement shall be published, which promotes directly or indirectly production, sale or consumption of cigarettes, tobacco products, wine, alcohol, liquor and other intoxicants. (iii) Newspaper shall not publish advertisements, which have a tendency to malign or hurt the religious sentiments of any community or section of society. (iv) Advertisements which offend the provisions of the Drugs and Magical Remedies (Objectionable Advertisement) Act as amended in 2002, or any other statute should be rejected. (v) Newspapers should not publish an advertisement containing anything which is unlawful or illegal, or is contrary to public decency, good taste or to journalistic ethics or propriety. (vi) Journalistic propriety demands that advertisements must be clearly distinguishable from editorial matter carried in the newspaper. Newspapers while publishing advertisements should specify the amount received by them. The rationale behind this is that advertisements should be charged at rates usually chargeable by a newspaper since payment of more than the normal rates would amount to a subsidy to the paper. Newspapers while publishing advertisements should specify the amount received by them. The rationale behind this is that advertisements should be charged at rates usually chargeable by a newspaper since payment of more than the normal rates would amount to a subsidy to the paper. (vii) Publication of dummy or lifted advertisements that have neither been paid for, nor authorised by the advertisers, constitute breach of journalistic ethics specially when the paper raises a bill in respect of such advertisements. (viii) Deliberate failure to publish an advertisement in all the copies of a newpaper offends against the standards of journalistic ethics and constitutes gross professional misconduct. (ix) There should be total co-ordination and communication between the advertisement department and the editorial department of a newspaper in the matter of considering the legality propriety or otherwise of an advertisement received for publication. (x) The editors should insist on their right to have the final say in the acceptance or rejection of advertisements, specially those which border on or cross the line between decency and obscenity. (xi) Newspapers to carry caution notice with matrimonial advertisements carrying following text* “Readers are advised to make appropriate thorough inquiries before acting upon any advertisement. This newspaper does not vouch or subscribe to claim and representation made by the advertiser regarding the particulars of status, age, income of the bride/bridegroom.” (xii) An editor shall responsible for all matters, including advertisements published in the newspaper. If responsibility is disclaimed, this shall be explicitly stated before hand. *Foot note : The Hon’ble High Court of Delhi in connection with FAO No.65/1998 of Smt. Harjeet Kaur v. Shri Surinder Pal Singh, directed the Press Council of India to instruct the newspaper to publish classified/matrimonial advertisement by advising them to along side publish the said caution notice in their newspapers. (xiii) Tele-friendship advertisements carried by newspapers across the country inviting general public to dial the given number for ‘entertaining’ talk and offering suggestive tele-talk tend to pollute adolescent minds and promote immoral cultural ethos. The Press should refuse to accept such advertisements. (xiv) Classified advertisements of health and physical fitness services using undignified languages, indicative of covert soliciting, are violative of law as well as ethics. The newspaper should adopt a mechanism for vetting such an advertisement to ensure that the soliciting advertisements are not carried. The Press should refuse to accept such advertisements. (xiv) Classified advertisements of health and physical fitness services using undignified languages, indicative of covert soliciting, are violative of law as well as ethics. The newspaper should adopt a mechanism for vetting such an advertisement to ensure that the soliciting advertisements are not carried. (xv) Advertisements of contraceptive and supply of brand item attaching to the advertisement is not very ethical, given the social milieu and the traditional values held dear in our country. A newspaper has a sacred duty to educate people about precautionary measures to avoid AIDS and exhibit greater far sight in accepting advertisement even though issued by social welfare organization. (xvi) Employment News which is trusted as a purveyor of authentic news on Government jobs should be more careful in accepting advertisements of only bona fide private bodies. (xvii) While accepting advertisements of educational institutes newspapers may ensure that such advertisements carry the mandatory statement that the concerned institutes are recognized under the relevant enactments of law. (xviii) Advertisements play extremely vital role in shaping the values and concerns of the present day society and as more and more lenient view is taken of what is not the norm, the speedier may be acceptability of such matters in ‘public perception’ but at what cost is the essential point for consideration. It should be borne in mind that in the race to be globally relevant we do not leave behind the values that have earned India the unique place it enjoys globally on moral and ethical plane.” 8. It is further submitted that Smt. Vibha Bhargava, Secretary, Press Council of India has submitted following recommendations to the Ministry : “(1) Based on the codes of advertising build up the Press Council of India for the print media; by the ASCI for the advertising agencies and by the Central Government for the electronic media, common guiding principles may be drawn up for better monitoring of advertisements. (2) An advertisement monitoring committee with proper budgetary support from Central Government may be set up to monitor the advertisements on regular basis. It may consist of the nominees of (1) Ministry of Consumer Affairs, (2) Bureau of Indian Standards, (3) Ministry of I & B, (4) Press Council of India, (5) Advertising Standard Council of India, and (6) Any other stakeholder as co-opted by the committee. It may consist of the nominees of (1) Ministry of Consumer Affairs, (2) Bureau of Indian Standards, (3) Ministry of I & B, (4) Press Council of India, (5) Advertising Standard Council of India, and (6) Any other stakeholder as co-opted by the committee. The committee will have powers for corrective actions and compensation. Reference to the committee may also be acceptable through E-mail. (3) The Press Council of India enjoying statutory authority and the ASCI, a self-regulatory organization of the Advertising Agencies, already have in place their respective mechanism for scrutiny of misleading advertisements. On the judgments of the Press Council or the opinion/decision of the ASCI, the advertiser may be bound to withdraw the advertisement and/or is so deemed fit, to publish a corrective advertisement in consumer interest. (4) When an advertisement is established by the Press Council of ASCI or the Monitoring Cell to be unduly exaggerated, wide publicity may be given to it through the public service broadcaster i.e. the Doordarshan and the AIR either in the news bulletins or runner telecast along with the news below the screen. (5) Since pre-vetting or scrutiny of the advertisement material at pre-publications stage is not possible, it is proposed that in so far as the advertisements of services are concerned, (a) advertisements of educational institutes should specify that they are recognized by the competent authority in the field; (b) foreign placement agencies should specify the registration number allotted to them by the Ministry of Labour; (c) matrimonial advertisement columns should carry a general caution notice for the benefit of the readers requiring them to verify the claims made by the parties seeking matrimonial alliances; (d) the language of health and fitness advertisements should be scrutinized to ensure that these are not disguised advertisements for soliciting purposes; (e) surrogate advertising should be discouraged; (f) sponsored features should clearly indicate that they are sponsored by an interested party. (6) Specific case histories could be taken up for being brought to the notice of the public through TV campaigns as specially prepared public interest programs. (6) Specific case histories could be taken up for being brought to the notice of the public through TV campaigns as specially prepared public interest programs. (7) To create general awareness of services being offered by monitoring agencies already functioning such as Press Council of India and ASCI, amongst the public about the issue, again recourse may be had to the public service broadcasters in Doordarshan and the AIR by launching awareness campaign on lines of ‘Jago Grahak’ or citing examples or some advertisements previously held to be misleading.” 9. It is further submitted that the answering respondent has framed necessary Regulations and Norms to stop the advertisements, which are fictitious or promotes directly or indirectly consumption of Tobacco products, wine, alcohol liquor and other intoxicants. It is further submitted that if any complaint is filed, the answering respondent shall enquire into the complaint. 10. The Union of India - respondent No.1 in its reply submitted that under the provisions of Consumer Protection Act, the petitioner is at liberty to file appropriate complaint against any product. 11. From the aforesaid facts of the case, it is clear that there is remedy available to the petitioner to file appropriate complaint. Clause (xiii) of the Norm No.36 of the Journalist Conduct 2010 specifically provides that tele-friendship advertisements carried by newspapers tend to pollute adolescent minds and promote immoral cultural ethos. The press should refuse to accept such advertisements. It has further been mentioned that the advertisement of contraceptive and supply of brand item attaching to the advertisement is not very ethical. Smt. Vibha Bhargava, Secretary, Press Council of India has submitted her recommendation to the Ministry. As per the aforesaid recommendation, a common guideline be drawn up for monitoring advertisement in electronic media and a committee be set up to monitor the advertisement on regular basis with constitution of certain ministries. 12. In our opinion, it is obligatory on the part of the Government of India to take appropriate action on the recommendations submitted by Smt. Vibha Bhargava, Secretary of the Press Council, specifically the recommendation No.2 in regard to constitution of advertisement monitoring committee with proper budgetary support. This is a common knowledge and we also read the advertisements in the newspapers, which claim that the products are helpful in enhancement of sex power or the pleasure of sex could be enhanced by using such product. This is a common knowledge and we also read the advertisements in the newspapers, which claim that the products are helpful in enhancement of sex power or the pleasure of sex could be enhanced by using such product. We are not sure that whether the products have been tested in clinic. In our opinion, such type of products which are dangerous to health must be tested clinically so their claim could be verified. Even though there are lot of advertisements, which claim that the products could be helpful in improving health colour of skin and that the product is helpful to gain weight or reduce the weight or gain the height. The petitioner in oral arguments submitted that in TV channels it has been claimed by certain spiritual Gurus that their medicines can cure the ailment completely. We do not know that such claim is based on clinical trial or not, however, the people generally use the medicines on religious basis. 13. Hon’ble Supreme Court in the case of Hamdard Dawakhana and another v. Union of India and others, reported in AIR 1960 SC 554 , has observed as under about the advertisement, the Hon’ble Supreme Court has considered the constitutional validity of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 : “An advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed. It assumes the attributes and elements of the activity under Article 19(1)(a) which it seeks to aid by bringing it to the notice of the public. When it takes the form of a commercial advertisement which has an element of trade or commerce, it no longer falls within the concept of freedom of speech, for the object is not propagation of ideas, social, political or economic, or furtherance of literature or human thought, but the commendation of the efficacy, value and importance of certain goods. It cannot be said, therefore, that every advertisement is a matter dealing with freedom of speech nor can it be said that it is an expression of ideas. In every case one has to see what is the nature of the advertisement and what activity falling under Article 19(1) it seeks to further. It cannot be said, therefore, that every advertisement is a matter dealing with freedom of speech nor can it be said that it is an expression of ideas. In every case one has to see what is the nature of the advertisement and what activity falling under Article 19(1) it seeks to further. The advertisements prohibited by section 3 of Act 21 of 1954 relate to commerce or trade and not to propagating of ideas; and advertising of prohibited drugs or commodities of which the sale is not in the interest of the general public cannot be speech within the meaning of freedom of speech and would not fall within Article 19(1)(a). As the main purpose and true intent and aim, object and scope of the Act is to prevent self medication or self treatment and for that purpose advertisements commending certain drugs and medicines have been prohibited it cannot be said that this is an abridgement of the petitioner’s right of free speech. Freedom of speech goes to the heart of the natural right of an organised freedom loving society to “impart and acquire information about that common interest”. If any limitation is placed which results in the society being deprived of such right then no doubt it would fall within the guaranteed freedom under Article 19(1)(a). But if all it does is that it deprives a trader from commending his wares it would not fall within that term.” 14. In the aforesaid judgment, Hon’ble Supreme Court has clearly observed that an advertisement is not doubt a form of speech but its character has to be reflected by the object for the promotion of which it is employed. When it takes the form of a commercial advertisement which has an element of trade or commerce, it no longer falls within the contempt of freedom of speech. 15. It is a well settled principle of law that every citizen has a freedom of speech and freedom of expression, however, that right cannot be exploited to sell the products commercially by making false claims or by making the religious appeal. It would hamper the society adversely. There is no absolute freedom of expression of any commercial product and it has to claim its potential on the basis of accepted result in clinical trial. It would hamper the society adversely. There is no absolute freedom of expression of any commercial product and it has to claim its potential on the basis of accepted result in clinical trial. In our opinion, it is obligatory on the part of the Union of India to consider this aspect seriously as per the report submitted by the Press Council of India. Accordingly, this petition is disposed of with the following directions : (1) The petitioner is free to make complaint before the respondents No.4 and 6 and we hope that such complaint be dealt with expeditiously effectively. (2) Respondent No.1 Union of India is directed to take effective steps in regard to recommendations submitted by Smt. Vibha Bhargava, Secretary Press Council of India, specially recommendation No.2 as mentioned earlier in the order. It be considered within a period of three months. No order as to costs.