Madras HC reverses ban on use of live persons in Banners, Hoardings

A Division Bench of the Madras High Court of Chief Justice Indira Banerjee and Justice R Hemalatha has set aside the ban imposed by Justice S Vaidyanathan on the erection of banners and hoardings featuring living persons..In October this year, while disposing of a petition filed against the erection of political hoardings and flags on private property, Justice Vaidyanathan had directed the Chief Secretary to the state government to ensure that,.“… the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, amended from time to time, are complied with. If at all any permission is given by the authority concerned for erecting banners, flex boards, sign-boards, etc., the authority concerned shall ensure that the photographs/pictures of such persons who are alive, shall not be depicted by way of those banners, flex boards, sign-boards, etc. .It is further directed to ensure that the photographs/pictures of the persons, who are sponsoring for the photographs/pictures, shall also not be depicted.”.An appeal was filed by the Municipal Corporation against this part of the order. Inter alia, it was argued that the order does not take into account the adverse impact the ban would have on the advertising industry, as well as the substantial loss of revenue that the Corporation was likely to suffer as a result..After hearing submissions made today, the Division Bench observed that the single judge encroached into the legislative domain when he ordered the blanket ban. Particular reliance was placed on the case of State of Uttar Pradesh v Subhash Chandra Jaiswal to hold that the High Court cannot issue directions which are in the exclusive domain of the legislature..The Bench observed that there was no challenge to any of the prevailing Acts, Rules or Regulations in the case before the single judge, when he passed the impugned order. There is no statutory bar on the setting up of hoardings or display of banners, provided that they strictly comply with the governing rules and regulations, the Court observed..Hence, it was held that in imposing the impugned ban, the single judge had transgressed into the legislative domain. For this reason, the Court saw it fit to set aside Justice Vaidyanathan’s order to the limited extent of quashing the blanket ban imposed on the use of living persons in banners, hoardings etc..However, the Court made it clear that aside from this aspect, the order would still be operational. The authorities are bound to ensure that hoardings, banners etc. do not obstruct free and safe movement of pedestrians and vehicular traffic, when placed in public spaces..The Bench reiterated that any erection of banners, hoardings, placards, arches and the like would have to strictly comply with the prevailing laws i.e. the Tamil Nadu Open Places Prevention of Disfigurement Act 1959, the Tamil Nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011 as well as the Municipal Corporations Act..Read copy of Appeal below..Image courtesy: Manivasagan N