You Really Think People Start Smoking By Watching It On Screen? Kerala High Court On Plea To Ban Smoking Scenes In Films, Serials

The plea has been filed by NGO Kerala Voluntary Health Services stating that such depiction is contrary to the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

While admitting the plea, Justice Ramachandran assured the Petitioner that the Court is completely in favour of the objective sought to be achieved by the plea. However, he said "[smoking] is not merely because you see it on screen, it is more for peer pressure, availability, acceptance."

"I am not against you, I agree, I am completely with you...if any step is worthwhile to take to keep away children from smoking and drinking, especially drugs..." he added while listing the matter on February 7, Wednesday.

The plea states that the 2003 Act and Rules framed thereunder prohibit the display of advertisements of cigarettes and other tobacco products. It avers that the entrainment industry plays a prominent role and celebrates tobacco usage through media and this would amount to "indirect advertising" and promotion of tobacco products. It further states that public behaviour is affected by seeing film stars use tobacco products.

'Tobacco use is normalized and perpetuated by its depiction in film and television content. Tobacco advertising through various medias creates a positive product imagery or associations in the minds of young people”, the plea averred.

The plea further stated that a large number of Malayalam movies were released incorporating smoking scenes depicting the use of cigarettes and tobacco products contrary to the Act and Rules framed thereunder. It stated that the portrayal of tobacco usage by celebrities through films and teleserials would promote public smoking in violation to Article 21 of the Constitution of India which guarantees the right to health and the right to a pollution-free environment.

“The indirect advertisements through the films and other visual media resorted to by the National and and Multi-national cigarette and tobacco companies are having a greater impact in the society. The adolescents and the children viewing their favourite heroes on screen indulging in smoking will be more tempted to pick up the habit of smoking believing it to be a style statement”, the plea averred.

The petition states that representations have been filed before various authorities including the Central and State Government, the Ministry of Information and Broadcasting Agency, the National and State Tobacco Control Committee, Central Board of Film Certification for banning the portrayal of unhindered tobacco smoking scenes in television, media and OTT platforms.

It stated that films are reinforcing and promoting the usage of tobacco products and such indirect advertisements through films using television and OTT platforms have to be prohibited.

The plea is moved by Advocates R.Sanjith, C.S.Sindhu Krishnah, Gouri Laiju

Case title: Kerala Voluntary Health Services v Union Of India

Case number: WP(C) 3252/ 2024