
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.