23/1/09: Movie Smoking Ban Lifted

The reversal by Justice Sanjay Kishan Kaul of the government’s Cigarette and Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules 2005 arose as the result of a legal challenge to the ruling by director Mahesh Batt.   At the time the ban was imposed, Bhatt complained that,  ‘One would understand a ban on surrogate advertising, but to completely ban [smoking in films] is ridiculous, a joke taken too far.’

Agreeing with the director, Justice Sanjay Kishan Kaul ruled that, ‘The directors of films should not have multifarious authorities breathing down their necks when indulging in the creative act… A cinematographic film must reflect the realities of life. Smoking is a reality of life. It may be undesirable, but it exists.’

 The government’s 2005 Act forced distributors and TV broadcasters to show health warnings on older films that showed characters smoking.   Countering Bhatt’s argument, the government pointed out that 800,000 Indians die each year as a result of smoking-related illnesses, and that it was wrong for smoking to be depicted as glamorous on TV and in films.  The government also had the backing of the World Health Organisation, who stated that the ban could result in a reduction in deaths because young people were influenced by ‘attractive people smoking’ on screen. [ADD]

2009

India: 2009