Plea In Kerala High Court Seeks Regulation Of Government Advertising To Prevent Drain Of Public Funds

The Kerala High Court has directed the state government to respond on a petition that questions the huge sums expended on government advertisements pertaining to completed schemes and projects.

The Bench of Chief Justice S Manikumar and Justice Shaji P Chaly took up the petition on Thursday, directing the state to respond.

The petition, filed by one Sony K Thomas through Advocate Praveen K Joy, states that the government advertisements in newspapers read like election manifestos, glorifying the government in power, exhibiting the name of the political party/government.

Though asserting that huge amounts of public money were spent on such advertisements, the petition agrees that advertisements to convey various government schemes/benefits/etc. are necessary. However, expenditure on advertisements with photographs of ministers and couching the advertisement in self-congratulatory terms is unnecessary, as per the petitioner.

It is stated,

"No doubt it is the constitutional duty of an elected responsible government to formulate and implement benevolent policies for the welfare and well being of the public. This need not be unnecessarily highlighted by publishing such advertisements giving Photographs of the concerned ministers and so on, by spending huge amounts. Due to natural calamities, Nippa Virus, Covid-19 Pandemic the Government is facing huge financial stringency. Now in the present pandemic situation, the public are in need for government aid and support. At this juncture spending large amounts on advertisements by the Government is unwarranted.."

The petitioner submits in the petition that government advertisements continued in this manner in the State until the Model Code of Conduct for the upcoming Legislative Assembly Elections came into force .

Because there are huge variations in rates charged on advertisements depending on the size and length of the advertisement, the petitioner seeks effective guidelines to regulate the publication of government advertisements.

The petition refers to the guidelines evolved by the Supreme Court in Common Cause v. Union of India, wherein the aim of government advertising was described as using public funds to "inform the public of their rights, obligations and entitlements as well as to explain government policies, Programmes, services and initiatives."

Pursuant to the Supreme Court's directions in the case, the petition explains that a committee evolved Guidelines on Content Regulation on Government Advertising 2014 with the object of-

1. Preventing use of public funds to project particular personalities
2. Excluding the possibility of misuse of public funds for political mileage
3. Addressing the gap in how government content is regulated
4. Ensuring all government activities satisfy the test of reasonableness, public interest while dealing with public funds and property
5. Ensuring government messaging is coordinated and managed in the best democratic traditions and is responsive to the needs of the public.
6. Underscoring the need for effective monitoring and auditing of advertisements, the petitioner seeks the implementation of the Supreme Court's guidelines.

In this backdrop, the petitioner seeks theses directions to the State of Kerala and the Information and Public Relations Department, 

- a direction to implement Guidelines On Content Regulation of Government Advertising, when publishing government advertisements in daily newspapers

- a direction to formulate a fresh guidelines/procedure to publish advertisements in a single advertisement matters pertaining to multiple government departments, so as to prevent wastage of huge amounts of public funds.