TORONTO – CanWest MediaWorks says the current prohibition against prescription drug advertising violates its rights under the Canadian Charter of Rights and Freedoms.
On December 23rd, 2005, the company (as previously mentioned by www.cartt.ca) quietly filed a two-page application with the Ontario Superior Court of Justice saying the fact it can’t accept and run ads on TV, radio or in print for prescription drugs violates the company’s freedom of expression.
Specifically – in full legalese, CanWest has asked for:
"A declaration that section 3(1) of the Food and Drugs Act… which prohibits the advertising of any drug to the general public as treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A of the FDA, is inconsistent with section 2(b) of the Canadian Charter of Rights and Freedoms, and is of no force or effect to the extent of the inconsistency."
Section 2(b) of the Charter says everyone has the "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication."
Further, says the application, CanWest wants: "A declaration that advertising of prescription drugs for the treatment, prevention or cure of diseases, disorders or abnormal physical states referred to in Schedule A of the FDA is permitted."
CanWest Global CEO Leonard Asper has warned before that the company was going to push this issue because it’s a $4 billion market in the States, people already see such ads on U.S. magazines and newspapers and TV channels available here and that CanWest (and, one supposes, other broadcasters and publishers) should be able to tap into that revenue stream.
As of this week, all that’s on this file is the CanWest application and a CanWest spokesperson, when contacted by www.cartt.ca, refused any comment on the matter.
No hearing date has been set and neither the Attorney General of Ontario nor the Attorney General of Canada, both of whom are named in the suit, have replied to the application.
