Hospital accuses regulator of being short-sighted

Saint James Hospital Ltd filed a judicial protest complaining that the Broadcasting Authority had halted its adverts for cataract operations at a fixed price.

The hospital said that this month it had run an advertising campaign for the provision of cataract operations at a fixed reduced price. The broadcasting watchdog on February 20 ordered the adverts to be stopped claiming breach of the law.

However, the hospital insisted that the law banned "references to a prize, competition or similar scheme" when adverts were made for medical or cosmetic treatments. It was therefore clear that the intention of the law was to prohibit the offering of medical or cosmetic treatments as a price in any contest or competition. The translation at law from the English word "prize" to the Maltese word prezz (price) was incorrect and did not make sense in view of the entire law.

Furthermore, it was in the interests of the consumer to know the actual price of an operation for, in this manner, the hospital was binding itself not to change such fee.

The authority's decision harmed the interests of the consumer, was detrimental to the hospital and had caused it damages.

Saint James Hospital called upon the Broadcasting Authority to revoke its decision and to allow it to broadcast the adverts.

Lawyers Pawlu Lia and Phyllis Farrugia signed the protest.