Now there is a disconnect between these two in

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effective regulation. Now, there is a disconnect between these two in ongoing health system reforms. It is time to bridge that gap if tragic tales of terrible health care are not to cause recurring lament. 27. The government recently banned the telecast of ‘indecent’ condom advertisement during prime time hours on television channels. The ban does not impose a blanket ban on such advertisements but is still flawed. Discuss. Ans.
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34 | Page 9004418746 [email protected] The Ministry of Information and Broadcasting recently issued an advisory to television channels banning all “advertisements of condoms which could be indecent/inappropriate for viewing by children” between 6 a.m. and 10 p.m. The advisory was issued because it came to the notice of the Ministry that “some channels” were carrying “advertisements of condoms repeatedly which are alleged to be indecent especially for children.” It was later reportedly clarified that the advisory only applied to “sexually explicit” advertisements meant to “titillate” the audience. One must applaud the government’s decision to grant a safe harbour to advertisements which it considers “indecent”, instead of banning them altogether. After all, the Ministry could have paternalistically directed all channels not to disseminate any indecent condom advertisements whatsoever, no matter the time of the day or night at which they were shown. By allowing “indecent” condom advertisements to be disseminated between 10 p.m. and 6 a.m., the government has empowered parents to decide what their children can and cannot watch, while ensuring that adults are not deprived of content which they are entitled to view . The idea behind this type of regulation is that when it is late in the evening, parents are likely to be at home when they can better supervise their children. The ban imposed by the Ministry is also tolerable because it has been inflicted on advertisements, or “commercial speech” which, in constitutional law, is often considered to be a form of “low value” speech. Further, the government has not banned all condom advertisements, but only those which are indecent. However, the manner in which the advisory has been drafted is far too broad. The Ministry has advised channels to ban all condom advertisements which “could be indecent/inappropriate for viewing by children”. But how does one decide whether something “could” possibly be “indecent, inappropriate . When different people see the same condom advertisement, many may disagree over whether it is “indecent”. Some may find it funny or informative, while others may consider it obscene or distasteful . The word “inappropriate” used in the Ministry’s advisory is even more vague than the word “indecent”.
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