Why certain professions are not allowed to advertise

Ms Rachael Nabuduwa, a business woman, says she always dreaded going to some doctors for treatment since they were ‘unheard of’. “I always looked forward to seeing an advert with a doctor inviting patients to his clinic, like the herbalists do, unfortunately, I haven’t come across any,” she says.

Ms Nabuduwa shares that her definition of quality has always been something which is advertised. “In most cases, I buy items which have been advertised on radio, in newspapers or on television. I am almost sure that by the time they are advertised, the producers or manufacturers are sure of their quality. This is the reason as to why I buy products that advertisers claim cure chronic diseases, instead of visiting a hospital or clinic,” she shares, stating sometimes they are a cheaper option.

However, she is not the only one who believes in advertising as a measure of quality. Others such as Emmanuel Musisi think likewise.

Mr Musisi, a fisherman shares that the time he needed a lawyer, he was spoilt for choice but could not tell who could help him win his case. He notes: “Apart from little posts with the company’s names inscribed at the entrance of chambers, I have never come across any advert for good advocates who could defend my case. There is no billboard in town to direct me to one.”

The case elsewhere
Nevertheless, in some countries, doctors have been given green light to advertise. For instance, doctors in neighbouring Kenya were, in March this year, allowed to market their services as part of regulatory measures taken in the wake of the referral-for-cash scandal that was reported exclusively by Business Daily in February.

Apparently, doctors argued that the adverts carrying price per specialised treatment also seek to check the popularity of herbalists who have taken advantage of doctors’ laid back approach to mount aggressive promotional campaigns for their products.
There were also claims that their visibility was making Kenyans shun conventional healthcare and only seek a doctor’s opinion as a last resort.

Experts’ take
However, experts reveal that a number of professionals such as doctors and lawyers are not meant to advertise, according to their professional ethics, with the sole aim of protecting the public against fraud.

According to Mr Richard Senkwale, health practitioners and lawyers by nature of their service are not meant to advertise, but instead, let the quality of their service speak for itself.
“Their code of ethics does not allow them to advertise.”

Mr Senkwale, the general manager-commercial Monitor Publications Limited, advises that instead, such professions can indirectly spread the ‘gospel’ of their deeds by word of mouth by letting people talk about their services, use of stickers and sign posts.

Non-ethical
He notes: “Many individuals are ignorant of the fact that it runs against the profession’s ethics for some professions to advertise their services. This is the sole reason why a number of people are duped by unskilled people who do a good job in advertising but deliver less.”

Also, practitioners such as lawyers have a central role in the administration of justice.
“I think the idea of restricting lawyers from advertising their services is a quality assurance mechanism designed to protect the public from being hoodwinked by potential misleading adverts,” explains Mr Jonathan Iduwat, an advocate in Kampala.

Ideally, choice of lawyers must be influenced by competence and expertise in handling the matter at hand. Mr Iduwat says: “Lawyers market themselves largely by offering quality services that maintain existing or attract new clients. If advertising is unrestricted, it’s likely that some clients would seek a lawyer’s services basing on the adverts which may be misleading thus leading to absurd outcomes. But of course there are arguments (for advertising).”
Mr Iduwat believes advertising can, for example, help small firms to get known easily since they may have not yet handled those big cases that would naturally bring them publicity.

Unfair
Mr Joseph Liive, a medical doctor in Kampala, says:
“Although it is ethically wrong to advertise, it is only unfair that some professions are denied the opportunity to advertise. At least advocates or lawyers, even when they are very many lately, do not have a lot of competition like doctors do. Herbalists who claim to heal most of the diseases that doctors treat, including the almost impossible ones to treat, freely advertise, which only means that a number of patients will visit them as first alternative.”

What others say
On the other side, some medical practitioners still condone advertising, saying it is not necessary.
“There is no need for practitioners like health workers to advertise. In most cases when you do a great job, patients will voluntarily go to your health centre or clinic, even when you are too far to be reached. On the other hand, if you are unheard of or unpopular, it may mean two things; one is that you are new in the field and the other is you do not do a good job that warrants recognition,” Mr Paul Wamboga, a principal health inspector, articulates.

That said, Mr Francis Gimara, president Uganda Law Society, notes that denying such professions to advertise is a legislation that is meant to protect the public against fraudsters and unprofessional people who many take advantage of them for financial gain.
But, in jurisdictions like South Africa they are moving towards relaxing some of these restrictions.

Alternatives
Therefore, a number of practitioners have resorted to other forms of publicity (indirect advertising) such as being part of social clubs like Rotary, contributing to charitable causes, attending weddings, issuing business cards, attending church services, funerals, making contribution to national issues for example debates and writing in the media.

What the law says

Uganda’s Statutory Instrument 267-2, Regulation 25, states that an advocate shall not allow his or her name or the fact that he or she is an advocate to be used in any commercial advertisement.
Also, an advocate shall not cause or allow his or her name to be inserted in any classified or trade directory or section of such directory, as stated in the Advocates (Professional Conduct) and Regulations.

Role of Advertising

Facts. Advertising is basically a persuasive way of communicating to customers through different media such as newspapers, radio, television, with the sole aim of promoting goods or services to customers.

It is important to advertise as it helps consumers compare products and services, and then make a decision.
In other words, advertising allows businesses to win new customers and retain existing ones.
According to themanagementstudyguide.com website, advertising has four objectives.

The first one is it attempts to get people to try out a product or service for the first time, while on-going advertising campaigns update existing customers on the product’s benefits to encourage them to keep using the product.

At the same time, the advertisements attempt to lure customers away from competitors’ products.
Lastly, advertisers try to win back former customers who have switched brands because of past experiences.
In the end, advertising increases the organisation’s market share and solves the consumer’s problem or need; thereby making the two: business/service provider and the customer generally happy.