No stay on banners displaying images of living persons: Bench

A division bench comprising Justice TS Sivagnanam and Justice K Ravichandrabaabu, before whom the appeal moved by the Greater Chennai Corporation assailing the blanket ban came up for hearing, refused to grant any interim relief after observing that several other pleas relating to illegal banners have been tagged with the appeal and hence it would be appropriate for the first bench headed by Chief Justice Indira Banerjee to decide on the issue and adjourned the matter to December 18.

However, the bench while observing that it was high time the government reviewed the rules regulating digital banners and hoardings in Tamil Nadu, said the menace of illegal hoardings was widespread in the state owing to gross failure in enforcing the rules and pointed out to neighbouring Kerala, where even during elections, installations of such hoardings and arches were very minimal. Justice Sivagnanam also pointed out that even the few banners that are installed are made using eco-friendly materials.

Earlier, advocate general Vijay Narayan contended that such a ban would adversely affect advertisement industry, which primarily used pictures of models (living persons) on their banners and hoardings. This, he said would affect the revenue due to the Corporation as these hoardings are placed after obtaining due permission from the authorities concerned. Seeking to remove the word ‘living persons,’ from the prohibitory order, the advocate general pointed out that the court cannot control the content of advertisements. Advertisements can feature only persons who are alive, he argued.

When the bench questioned as to how none of the advertising agencies has approached the court, the advocate general said the prohibitory order has inflicted severe harm on the Corporation’s right to revenue and hence it had moved an appeal.