HC questions legality of fraudulent, misleading advertisements

The High Court today questioned the legality of offensive, fraudulent, confusing and misleading advertisements aimed at attracting consumers and creating an unfair competition in trade.

The court issued a rule asking the authorities concerned of the government to explain in four weeks why they should not be directed to stop running such advertisements.

In the rule the HC asked the respondents to "show cause" why they should not be ordered to initiate legal proceedings against perpetrators connected to advertisements and unfair competition in trade.

The respondents have also been asked in the rule to explain why their inaction to stop running such advertisements and unfair competition in trade should not be declared illegal.

Secretaries to the ministries of information and broadcasting, commerce and cultural affairs; director general of Directorate of National Consumers Rights Protection and chairperson of Bangladesh Competition Commission have been made respondents to the rule.

The HC bench of Justice Md Khasruzzaman and Justice Md Mahmud Hassan Talukder issued the rule following a writ petition challenging the legality of running offensive, fraudulent, confusing and misleading advertisements for attracting the consumers to products and creating unfair competition in trade.

Supreme Court lawyer Kamrul Islam submitted the petition as a public interest litigation to the HC on September 15 saying that some business organisations run such advertisements to attract consumers to their products.

The Directorate of National Consumers Rights Protection and chairperson of Bangladesh Competition Commission can take appropriate legal action against the perpetrators under the Consumer Rights Protection Act, 2009 and Bangladesh Competition Commission Act, 2012, but they have not acted under the laws, he said in the petition.

Petitioner Kamrul Islam told The Daily Star that different business organizations like Evaly and E-orange have attracted the consumers to their products by circulating offensive, fraudulent, confusing and misleading advertisements and therefore, the consumers have become cheated and victimized.