(a) whether the Government proposes to ban smoking scenes in the films/
mandatorily award ‘A’ certificate to all films having smoking scenes;
(b) if so, the details thereof; and
(c) the time by which such proposal is likely to be implemented?
(a) whether the Government proposes to ban smoking scenes in the films/
mandatorily award ‘A’ certificate to all films having smoking scenes;
(b) if so, the details thereof; and
(c) the time by which such proposal is likely to be implemented?
THE MINISTER OF STATE IN THE MINISTRY OF INFORMATION AND BROADCASTING(DR. S. JAGATHRAKSHAKAN)
(a) to (c) As per section (5) of The Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) ACT(COTPA) 2003, no person engaged in, or purported to
be engaged in the production, supply or distribution of cigarettes or any other
tobacco products shall advertise and no person having control over a medium shall
cause to be advertised cigarettes or any other tobacco products through that
medium and no person shall take part in any advertisement which directly or
indirectly suggests or promotes the use or consumption of cigarettes or any
other tobacco products.
Further, Section 5(2)b of the COTPA, 2003 provides that no person, for
any direct or indirect pecuniary benefit, shall sell or cause to sell, or permit
or authorize to sell a film or video tape containing advertisement of cigarettes
or any other tobacco products.
Moreover, the Rules namely the Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Amendment Rules 2006’ have been notified vide GSR No.656(E)
dated 20-10-2006. However, the same could not be given effect to as the matter was
sub-judice in the Hon’ble High Court of Delhi. Further, a SLP has been filed in the
Hon’ble Supreme Court against the order of Delhi High Court for implementing the
said Rules and the decision is still pending.