HC rule for stopping fraudulent ad22 September 2021
Staff Reporter :
The High Court on Tuesday issued a rule upon the concerned bodies of the government to explain as to why the inaction of the respondents to stop offensive, confusing, misleading and fraudulent advertisement and to stop unfair competition in advertising of the goods should not be declared illegal.
The High Court bench of Justice Md Khasruzzaman and Justice Md Mahmud Hassan Talukder passed the order after holding hearing on a writ petition filed in this regard.
Kamrul Islam, a Supreme Court lawyer, filed the writ petition with the High Court on Tuesday as a public interest litigation.
In the rule the High Court wanted to know from the respondents to explain as to why the inaction of the respondents to promote, ensure and sustain congenial atmosphere for the competition in trade, and to prevent, control and eradicate collusion and monopoly combination or dominant position or activities adverse to the competition should not be declared illegal.
It also wanted to know in the rule as to why the inaction of the respondents to initiate legal proceedings under Consumers Rights Protection Act, 2009 and Competition Act, 2012 against all perpetrators connected to fraudulent or misleading advertisement and unfair competition in trade should not be declared unlawful.
It also wanted to know in the ruling as to why a direction should not be given to respondents to initiate legal proceedings against all perpetrators concerned on account of fraudulent and misleading advertisement and unfair competition in trade.
Information secretary, commerce secretary, cultural affairs secretary, director general of the Directorate of National Consumer Rights Protection and chairman of Bangladesh Competition Commission have been asked to comply with the ruling in four weeks.
The petition said, "The respondents have failed to take necessary steps against those who are endorsing those fraudulent companies operating unrealistic business model to loot people's investment, to launder money abroad, and flee the country."
Due to absence of Advertisement Regulatory Body offensive, containing hate speech, fraudulent, discrediting the competitors and misleading advertisements are being telecast without any monitoring in social, electronics and print media which is clear violation of the Paris Convention for the Protection of Industrial Property 1883 and the Article 39(2) of the Agreement on Trade Related Aspect of Intellectual Property Right and Bangladesh is a signatory of the both treaties.
Advocate Kamrul Islam himself took part in the court hearing in support of his ruling.