Press Release

Whither onscreen anti-smoking laws, ask experts

Thiruvananthapuram, May 9 Coming in the wake of the recent Kerala High Court direction against depiction of tobacco-related scenes in films and other visual media, the decision of the Union Ministry of Information & Broadcasting (I&B), to keep the tobacco-free movies and television rules issued by the Union Health Ministry in abeyance, has clearly thrown caution to the wind, say legal experts. In a country where smoking kills an estimated one million a year, and where the film and television media have a religious following, the current decision of the I&B Ministry giving in to pressure from the Indian film industry - is contingent to the interest of public health, they point out. The Health and I&B Ministries have been on a dissent mode ever since the former issued a gazette notification in October last on the depiction of tobacco products or tobacco use in movies and television. Among others, the notification called for a mandatory display of health warning scroll during the duration of the scene, and a health message of 30 seconds, each in the beginning and middle of films and television programmes. As brought out from RTI applications filed by civil society groups, the I&B Ministry has asked the Central Board of Film Certification (CBFC) to maintain status quo and adhere to the certification process as was being done before the issue of the (October) notification. It has also asked the Health Ministry to keep the Notification in abeyance till the time the practical difficulties faced by the film industry are resolved amicably. Contravenes Parliamentary Legislations Justice K.Narayana Kurup, Former Judge of Kerala High Court, who gave the pioneering ruling banning smoking in public places back in 1999, described the I&B Ministrys stance as undoubtedly a rude shock and a retrograde step neutralising the gains already achieved in the field of anti-tobacco drive and luring hundreds of thousands of youth to the mesmerizing hold of tobacco. Likening tobacco as the greatest killer of all times ahead of AIDS, tsunami and nuclear holocaust, Justice Kurup said, The danger from tobacco is clear, present and immediate. Let the youth perish and the film and tobacco industry flourish seems to be the attitude of the powers that be, which sadly enough is not prepared to regard films as an instrument of public enlightenment and edification. If smoking scenes go without warning scrolls, it will end up in picturising a world that informs people, especially the youth, about the acceptance and prevalence of tobacco use in society, emasculating and neutralising the beneficial effect produced by COTP legislation, Justice Kurup added.

Saikripa, 289, PTP Nagar, Thiruvananthapuram 695 038, Kerala || T: 0471-2361026 || E: tobaccofreekerala@gmail.com ||

Significantly, the decision of I&B Ministry contravenes the provisions of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA), 2003. As regards smoking scenes in the visual media, Rule 4 (6) of COTPA Rules, 2004 clearly mentions that no individual or a person or a character in films and television programmes shall display tobacco products or their use. The Rule further states, close ups of cigarettes packages or tobacco products shall not be permissible and such scenes shall be edited by the producer or distributor or broadcaster prior to screening in cinemas or theatres or airing on television. COTPA the comprehensive Act encompassing key aspects of tobacco control, regulation and enforcement also prohibits sale of cigarette or other tobacco products to a person below the age of 18 years and sale of tobacco products within a radius of 100 yards of any educational institution. Justice Kurup further added, When there is a conflict between the rights of the individual and the interest of the society, the latter must prevail. The law has its primary focus on the youth - as it should be - the promise of tomorrow and the hope of any nation. If tobacco consumption is to be curbed, the right time to act is teenage. Infringes Cinematograph Act The I&B Ministry, had on 6 December 1991, brought out a Notification to Cinematograph Act, 1952, which clearly states, scenes tending to encourage, justify or glamorise consumption of tobacco or smoking are not shown. The Notification exercises the power conferred by sub-section (2) of Section 5 B of Cinematograph Act which has sanctioned the Central Government to issue directions as it may think to guide the competent authority while granting certificates to films for public exhibition. Shri.Roscotte Krishna Pillai, Former Director of Press Information Bureau and Former Member, Advisory Panels for Film Certification and CBFC said, Inspired by the judgement of Justice Kurup, the I&B Ministry had issued clear guidelines to CBFC. It now comes as a shock that the resultant good effect that this decision have had on the society at large and the succour it brought to millions of smokers and nonsmokers alike have been nullified by the recent decision of I&B Ministry to do away with tobacco-free movies and television rules. It passes ones comprehension why the I & B Ministry wholly in charge of mass communication of the Government media, both print and electronic, should be at odds with the Health Ministry and take measures contravening that Ministrys actions beneficial to the health of millions and for saving their lives, Shri.Pillai added.

Saikripa, 289, PTP Nagar, Thiruvananthapuram 695 038, Kerala || T: 0471-2361026 || E: tobaccofreekerala@gmail.com ||

Powerful influence Studies and surveys conducted to understand the influence of movies and television on tobacco use have pointed out the positive correlation between the two. A nationally representative cross-sectional study called Movies and TV Influence Tobacco Use in India: Findings from a National Survey, concluded that exposure to visual mass media led to higher likelihood tobacco consumption both smoking and chewing - among men and women in India. The study published in PLoS One, a peer-reviewed international publication, analysed data from 123,768 women and 74,068 men of urban and rural areas from all states of the country. Another study in 2011 conducted among nearly 4,000 students in the age group of 12-16 years from 12 schools across the national capital showed that tobacco use among students exposed to such occurrences in Bollywood movies was more than double as compared to those with low exposure. Though the I&B Ministrys decision has been received by some sections of film industry as a welcome reprieve and break, it is hardly doing anything to curb tobacco menace in awe-struck film goers. Fans, especially youngsters, blindly emulate screen action and it is important that filmmakers exercise greater restraint considering that tobacco use is the single largest cause of cancers in the country, said Dr.K.Ramdas, Medical Superintendent, Regional Cancer Centre. The Kerala High Court judgement, referring to research studies, pointed out that non-smoking teens who see their favourite stars smoke frequently onscreen are 16 times more likely to develop positive attitude towards smoking. The High Court has directed the I&B Ministry, Government of Kerala and the CBFC to ensure that no scenes that violates the provisions of COTPA and its allied Rules are depicted in films, tele-serials and other visual media. Concerned by the influence that onscreen smoking has on film-goers, the High-Level Committee formed for tobacco control in Kerala, headed by the Principal Secretary (Health) Shri.Rajeev Sadanandan, has decided to take up the matter of depiction of smoking screens with the Malayalam film industry. Ends

Saikripa, 289, PTP Nagar, Thiruvananthapuram 695 038, Kerala || T: 0471-2361026 || E: tobaccofreekerala@gmail.com ||