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Tag: COTPA

  • Only 6 out of 21 states didn’t violate anti-tobacco ad laws in 2012-13

    Only 6 out of 21 states didn’t violate anti-tobacco ad laws in 2012-13

    NEW DELHI: Andhra Pradesh led in the number of violations of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) with prosecution of 71,705 persons and collection of Rs 52,83,948 as fine between April 2012 and September last year.

     

    Parliament was informed by Health Minister Harshvardhan that the enforcement of COTPA is the responsibility of the states.

     

    Of the 21 states for which data was available, six had not reported any cases during this period. Only four states exceeded the prosecution/challan of more than 10,000 persons.

     

    In Tamil Nadu, a total of 26,081 persons were prosecuted and a sum of Rs 27,73,750 was collected as fine. Karnataka had 19,030 prosecutions resulting in collection of Rs 19, 58,724 as fine, while Rajasthan had 12,891 prosecutions and Rs 13,51,314 as fine.

     

    COTPA Amendment Rules 2011 were notified in August 2011. These rules mandate prohibition of sale of tobacco products to and by persons below the age of eighteen years and recovery of fine thereon by the authorised officers.

     

    The then health secretary in August last year had written to all the chief secretaries and director generals of police in states/union territories for implementing the rules related to regulation of advertisements at points of sale.

     

    Based upon the request of Health & Family Welfare Ministry, the then home secretary in May this year sent an advisory to the director generals of police in states /union territories to incorporate COTPA as one of the agenda items in the monthly crime review meetings at the district level.

     

    In June this year, then Health Ministry additional secretary wrote to all the chief secretaries and administrators in states /union territories to make compliance to COTPA a necessary condition in the licenses being issued to eating house and restaurants.

     

    Meanwhile, the Health Minister said in reply to another question that multimedia campaigns are implemented for behaviour change on mass media supported by outdoor media such as hoardings, bus panels, information kiosks, folk performances and exhibition vans for creating awareness and demand generation at service centres/facilities across the country among general population on services being provided to prevent AIDS.

  • Two new anti-Tobacco health spots for ‘Tobacco-Free Film Rules’ released under COTPA

    Two new anti-Tobacco health spots for ‘Tobacco-Free Film Rules’ released under COTPA

    NEW DELHI: Two new anti-tobacco spots titled ‘Child’ and ‘Dhuan’ have been released by the Health Ministry to be screened on movies and television whenever smoking scenes are depicted, even as studies have shown very little effect of government’s attempts to prevent smoking scenes.

    The spots have been released under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA) rules and will be effective from today. These spots have been dubbed in 16 Indian languages for a pan India coverage. It is mandatory for cinema halls to prominently display these spots whenever smoking scenes are shown as part of the movie. These spots were released to media by Health Ministry Additional Secretary C K Mishra.

    Interestingly, studies undertaken by the Ministry in collaboration with the World Health Organisation after the promulgation of  “The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act” (COTPA) shows that while 76 per cent films were depicting tobacco use in 2003, this had increased to 89 per cent in 2006.

    Similarly, the percentage of the lead character shown smoking had gone up from 40.9 per cent to 75.5 per cent in these years, of the films which showed tobacco scenes. Tobacco brands/product placement and visibility also rose from 15.7 per cent to 41 per cent between 2003 and 2006.

    In 2003 before COTPA was enforced, the Ministry with the support of World Health Organization commissioned the study titled “Bollywood: Victim or Ally” to help develop a strategy to reduce smoking in films.  The aim of the study was to understand the extent to which movies impact youth’s lifestyles and the impact of portrayal of tobacco in Indian films

    In 2006, after COTPA 2003 banned tobacco advertisements of any kind, another study was commissioned to document changes in tobacco imagery in films.

     The anti-tobacco health spots and disclaimers are being provided by the Ministry under the COTPA Rules. Two spots ‘Mukesh’ and ‘Sponge’ depicting harmful effect of usage of smokeless and smoking forms of tobacco were used with effect from 2 October 2012.

    Speaking at the media launch of the two new spots, Mishra said since 2 October 2013 marks the completion of five years of implementation of smoke-free laws in India, the launch of these two spots, ‘Child’ and ‘Dhuan’,  reinforces the government’s emphasis on the issue of secondhand smoke and implementation of smoke-free policies in India. While the narrative at present is more on control on smoking, the Ministry will soon move towards the smokeless form of tobacco. He said that the ban on ‘gutka’ was a major achievement in the direction of banning the use of tobacco in the country.

    ‘Child’ and ‘Dhuan’  have been developed to warn about the health costs of smoking and second hand smoke and of the penalties to be faced by violating the smoke free law.  ‘Child’ focuses on the health risks of smoking and secondhand smoke, while ‘Dhuan’ especially models the behavior expected of business managers, advocates, enforcement officials, smokers and non-smokers. The spots have been developed by World Lung Foundation (WLF).

    COTPA was aimed at regulating consumption, production, supply and distribution of tobacco products, by imposing restrictions on advertisement, promotion and sponsorship of tobacco products; prohibiting smoking in public places; prohibiting sale to and by minors, prohibiting sale within a radius of 100 yards of educational institutions and through mandatory depiction of specified pictorial health warnings on all tobacco product packs.  

    Section 5 of COTPA prohibits all forms of advertisements, promotion and sponsorship of tobacco products.

    The 2006 study clearly established that tobacco imagery, including brand display had markedly increased in the wake of tobacco advertising bans in other media. Consequently, COTPA’s rules were refined in 2005 to meet the challenge of tobacco imagery in films. However, these rules could only be implemented from 2 October, 2012 after addressing all the implementation concerns of the Information and Broadcasting Ministry.

    As per the Rules all films and TV programmes certified/produced on or after 2 October, 2012 that depict tobacco product or its use must have a strong editorial justification explaining the necessity of display of tobacco products or its use (to the Central Board of Film Certification); anti-Tobacco Health Spot of 30 seconds duration each (beginning and middle); anti-Tobacco Audio Visual Disclaimer of 20 seconds duration each (beginning and middle); anti-Tobacco Health Warning as a prominent static message during the period of display of tobacco products or their use.