|
Untitled Document
GOVERNMENT
OF INDIA
MINISTRY OF HEALTH & FAMILY WELFARE
NOTIFICATION
Dated
: November 30, 2005
G.S.R.
(E) In exercise of the powers conferred by Section 31 of the Cigarettes and
other Tobacco Products (Prohibition of Advertisement and Regulation of Trade
and Commerce, Production, Supply and Distribution) Act, 2003", the Central
Government hereby makes the following rules to further amend the Cigarettes"
and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade
and Commerce, Production, Supply and Distribution) Rules, 2004, namely :
1.
(1) These rules may be called the Cigarettes and other Tobacco Products (Prohibition
of Advertisement and Regulation of Trade and Commerce, Production, Supply and
Distribution (Second Amendment) Rules, 2005.
(2)
They shall come into force on the 1st day of January 2006.
2.
In the Cigarettes and other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution (Amendment)
Rules, 2004, in rule 4 -
(i)
for sub-rule (6) , the following shall be substituted, namely :
"(6)
No individual or a person or a character in cinema and television programmes
shall display tobacco products or their use: provided that this sub-rule shall
not apply to
(a)
Indian films and television programmes displaying use of tobacco products necessary
to represent the smoking or tobacco usage of a real historical figure or for
representation of a historical era;
(b)
Old Indian films and television programmes, produced prior to coming into effect
of this notification, being screened in a cinema hall or theatre or aired on
television;
(c)
Foreign films and television programmes, including dubbed or sub-fitted foreign
films or television programmes, being screened in cinema halls or theatres or
aired on television;
(d)
India or foreign films and television programmes, displaying use of tobacco
products, in case of documentaries or health spots made to clearly and unambiguously
reflect the dangers and dire consequences of tobacco use;
(e)
Live coverage of news, current affairs, interview, public meetings, sports events,
cultural events and the like, being telecast on television whereby there is
purely incidental and completely unintentional coverage of use of tobacco products;
Provided
that the exemptions used clauses (a), (b), (c), (d) & (e) above shall not
extend to display of brands of tobacco products or tobacco product placement
in any form. Close ups of cigarette packages or tobacco products shall not be
permissible and such scenes shall be edited by the producer/distributor/broadcaster
prior to screening in cinemas / theatres or airing on television.
Explanation
(1) For the purpose of this sub-rule all films that receive CBFC certification
prior to the effective date of this notification shall be categorized as 'old
films'.
Explanation
(2) For the purpose of this sub-rule, 'Foreign Film' implies 'imported' as defined
in the Cinematograph (Certification) Rules, 1983.
(6A)
It shall be mandatory for the producer or distributor of the film to include
anti tobacco health spots of minimum thirty seconds duration in the master print,
to be screened at the beginning, middle and end of the said film. In case of
old Indian Films, the owner or manager of the cinema hall or theatre where the
film is being screened shall ensure that these anti tobacco health spots are
duly screened as prescribed. The provisions of this sub-rule shall not apply
to clause (d) of sub-rule 6.
(6B)
In case of television programmes, it shall be mandatory for the broadcaster
to ensure either placement of an anti tobacco health warning as a prominent
scroll at the bottom of the television screen during the period of such display
or airing of anti tobacco health spots for a period of minimum, thirty seconds
during the telecast of each television programme of thirty minute duration or
less. In case the television programme is more than thirty minutes further airtime
of 30 seconds shall be allocated for each incremental thirty minutes, for telecasting
anti tobacco spots. The minimum duration of each anti tobacco spot shall be
not less than 15 seconds. The provisions of this sub-rule shall not apply to
clauses (d) and (e) of sub-rule 6 :
Provided
that, the anti tobacco health warning scroll shall be legible and readable with
font in black colour on white background. The text of the health warning shall
be "Smoking causes cancer' or 'Smoking kills' for smoking form of tobacco
use and 'Tobacco causes cancer' or Tobacco kills' for chewing and other form
of tobacco or such other warning as may be specified by the Government. :
Provided
further that, the anti tobacco health warning scrolls or health spots shall
be in the same language(s) as used in the film or television programme. Incase
of dubbed or sub-titled films or television programmes, the scrolls or spots
shall be carried in the language of dubbing or sub-titlement".
(ii)
for sub-rule (7), the following shall be substituted, namely :
"Wherever
brand names or logos of tobacco products form a part of the pictures to be printed
in any form of print or outdoor media or footage to be aired through any form
of electronic media, it shall be mandatory for the media to crop or mask the
same to ensure that the brand names and logos of the tobacco products are not
visible, except in case of live or deferred live telecast of sports, cultural
and other events/activities held in other countries being aired on television
in India".
(iii)
after sub-rule (7), the following sub-rule shall be inserted, namely :
"(8)
A Steering Committee shall be constituted under the chairmanship of the Union
Health secretary with representation from among others the Ministry of Information
& Broadcasting, Ministry of Law & Justice, Advertising Standards Council
of India, Press Council of India, Members of parliament and voluntary organizations.
This
Committee will take cognizance suo moto to look into specific violations under
section 5 of the Act. The Committee shall also evaluate cases related to indirect
advertising and promotion and pass orders thereof"
F.No.
P-16012/1/2005-PH
Bhavani
Thyagarajan
Joint Secretary to the Government of India.
Note
: The principal rules were published in the Gazette of India, Part
II, Section 3(i) vide number GSR 137 dated the 25th February, 2004 and were
amended vide number GSR 345 E dated the 31st May, 2005
|
