Section 5 of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
- (1)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.
- (2)No person, for any direct or indirect pecuniary benefit, shall--
- (a)display, cause to display, or permit or authorise to display any advertisement of cigarettes or any other tobacco product; or
- (b)sell or cause to sell, or permit or authorise to sell a film or video tape containing advertisement of cigarettes or any other tobacco product; or
- (c)distribute, cause to distribute, or permit or authorise to distribute to the public any leaflet, hand-bill or document which is or which contains an advertisement of cigarettes or any other tobacco product; or
- (d)erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall display in any manner whatsoever in any place any advertisement of cigarettes or any other tobacco product: Provided that this sub-section shall not apply in relation to--
- (a)an advertisement of cigarettes or any other tobacco product in or on a package containing cigarettes or any other tobacco product;
- (b)advertisement of cigarettes or any other tobacco product which is displayed at the entrance or inside a warehouse or a shop where cigarettes and any other tobacco products are offered for distribution or sale.
- (3)No person, shall, under a contract or otherwise promote or agree to promote the use or consumption of--
- (a)cigarettes or any other tobacco product; or
- (b)any trade mark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship, gift, prize or scholarship given or agreed to be given by another person.
Summary
- This section prohibits anyone in the tobacco industry from advertising tobacco products.
- It bans media owners from allowing tobacco advertisements through their channels.
- It prohibits anyone from participating in advertisements that promote tobacco use.
- It bans displaying tobacco ads, selling films with tobacco ads, or distributing tobacco ad flyers for money.
- It bans setting up tobacco advertisements on buildings, walls, vehicles, or any other structures.
- It makes exceptions for tobacco ads on packages and at the entrances or inside of tobacco shops and warehouses.
- It bans promoting tobacco products or brand names in exchange for sponsorships, prizes, or scholarships.
Practical examples
FAQ
1. Can a shopkeeper display tobacco ads inside their shop under Section 5 of the Cigarettes and Other Tobacco Products Act?
Yes, Section 5 provides an exception that allows tobacco advertisements to be displayed at the entrance or inside a shop or warehouse where tobacco products are sold or distributed.
2. Is tobacco brand sponsorship of college scholarships legal under Section 5 of the Cigarettes and Other Tobacco Products Act?
No, Section 5 explicitly bans promoting any tobacco trade mark or brand name in exchange for a sponsorship, gift, prize, or scholarship.
3. Can a movie theatre screen a film containing tobacco advertisements under Section 5 of the Cigarettes and Other Tobacco Products Act?
No, Section 5 prohibits anyone, for direct or indirect pecuniary benefit (which means financial gain), from selling, permitting, or authorizing the sale of a film or video tape containing tobacco advertisements.
4. Are advertisements printed directly on a cigarette packet legal under Section 5 of the Cigarettes and Other Tobacco Products Act?
Yes, Section 5 has a specific exception that allows tobacco advertisements on or in a package containing cigarettes or other tobacco products.
Test yourself
Q1.Under Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, which of the following is a permitted exception to the ban on tobacco advertisements?
Q2.Under Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, what is prohibited in exchange for a sponsorship, gift, prize, or scholarship?
Q3.Under Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, where is a physical advertisement of tobacco products allowed to be displayed?
Q4.Under Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, what kind of promotion is prohibited under a contract or otherwise?
Q5.Combining the broad definition of advertisement in Section 3 with the restrictions in Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, which action would be illegal if done for financial benefit?