Advertising Ban in Health
What are the legal definitions and limits of health?
According to the first paragraph of Article 56 of the Constitution; ".."Everyone has the right to live in a healthy and balanced environment...".
According to the World Health Organization (WHO), “Health is not merely the absence of disease or infirmity, but a state of complete physical, mental and social well-being.” Therefore, it is necessary to protect the mental health of the person as well as the physical health.
Health service is all kinds of preventive and remedial services that the state has to provide. In this context, the state has to treat its citizens mentally and physically. At the same time, the state has to take preventive measures against diseases.
Public and Private Institutions within the Scope of Advertising Ban in Healthcare
The state provides health services through public and private sector organizations.
It was determined by the above-mentioned laws that private hospitals provide services for a fee. In that case, private hospitals refer to the health service provider in accordance with the Law on the Protection of the Consumer No. 4077. In the relevant provision, the Provider: can be a natural or legal person. We know that where one party is a trader, the other party is also a consumer. In that case, patients who receive services from private healthcare providers for a fee are in the position of consumers in accordance with Article 3/d of the Law on the Protection of the Consumer No. 4077.
Advertising Ban in Health Council of State Decisions
Since private hospitals have to be subject to the provisions of the relevant laws above, they are subject to the ban on commercial advertising due to the type of service they provide, even though they provide services subject to a fee due to the fact that the health service is a public service. Violations of the advertising ban by private hospitals serving in similar branches cause unfair competition. Private hospitals violating the advertising ban are subject to large fines and suspension of advertisements.