Friday, September 11, 2009

Cigarette ads on TV


Everyday, cigarette producers have aggressively advertise their trademarks and/or service marks on Indonesian televisions i.e. by sponsoring various shows, especially Musical & Sports, watched by people of all ages.

This is possible because according to the Broadcasting Law No. 32/2002 Article 46 Paragraph 36c, commercial advertisements may be aired by electronic media as long as they don’t show cigarettes or people smoking.
This implies that it is okay to advertise trademark and/or service mark of the cigarette producers.

In order to minimize the negative effect of such commercial ads, on 29 January 2009, the National Commission for Children Protection, the West Java Children’s Protection Council, and two children Alfie and Faza filed a petition with the Constitutional Court to request for deletion of above article, saying that such cigarette advertisement could encourage children to start smoking

Unfortunately, on 10 September the Constitutional Court rejected the petition saying that it has no legal grounds because cigarette is a legal commodity therefore cigarette promotion should also be seen as a legitimate action.

For details, please click here, here, here and here.

I hope that the government would make efforts to minimize the negative effect of cigarette commercial ads on TV perhaps by limiting the time for such ads to be aired.

7 comments:

Millie River said...

One single cigarette contain 4000 chemicals inhaled! I agree with you.

Rob Baiton said...

The power of tobacco.

I have written on this matter pretty extensively for hukumonline clients. Maybe I will dig them up and post them on the blog.

H. Nizam said...

@Millie,
The problem is that it is not just the smokers who inhale the smoke but also non smokers around them.

Rob,
I always admire your skills in writing Indonesian legal matters. I look forward reading your post on this matter.

Vinay Rai said...

Cigarettes must be banned. No cigarettes no ads, it is as simple as that.
make money online

H. Nizam said...

Vinay,
That would be ideal! However, there are things that must be considered e.g tax income from sales of cigarettes which is needed to develop the country.

Dea said...

I like your blog thanks for visiting mine... Despite various warnings, still more and more smoking at a younger age.

H. Nizam said...

Dea,
Very sad indeed. The problem is because the warnings are not accompanied by serious actions to stop smoking.