Article 46 of the Saudi Medical Devices Law

This article concerns publishing the penalty, an effect that goes beyond the penalty itself because it affects the violator's reputation.

The basic rule: the judgment or decision imposing the penalty, as the case may be, may include a provision for publishing its operative part at the violator's expense.

Means of publication:

• A local newspaper published where the violator resides.
• If there is no newspaper where he resides, in the nearest region to him.
• Or in any other suitable medium.

Standard of assessment: according to the type of violation and its seriousness and effect. Publication is discretionary and decided case by case.

Timing of publication, which is an important safeguard: publication takes place only after one of the following:

1. The judgment becomes final.
2. The decision becomes immune because the deadline for a grievance against it has passed.
3. A final judgment is issued rejecting the grievance against it.

The practical meaning is that the violator is not publicly named while the route of challenge remains open, so that his name is not published and it is later found that the penalty was cancelled. The article is linked to Article 44, which governs grievances against penalty decisions before the committee and objection before the Administrative Court.

An establishment facing a penalty with the possibility of publication may need to consult a lawyer who specializes in health and commercial regulations.