Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution (Second Amendment) Rules, 2011

maghmgemgnlmgegagmmgfi ‘Wfiw mwmmgmmmamm wfiggmmififimganmm) wwwmmmam wawwampwymgwah (H) (a) (I) 211mm{1W Aavmmxomm N THE GAZETTE OF INDIA: EXTRAORDINARY , [PART HvSEc. 30)] mafiawmfimwmamm WIT"; (mmathawfim’zfiafimfimfifia mwwmmm ifiamz (Damagmawmmfifiwfimm Wfifiwfifaam; (wwmfimsfifimmfifiw Wfimmfitmmfim WW: mwmfiajqfimafimmwzr W31: nmfimmfimmfifiwfifisfimfi afiaafumwm; wmfimfiwmmafimmfim fifiwmaww; "wwwmmfi; WW; mw-mefimfwmfi: fiwmwafifiufifimafimml mafiwmfwfimfiafifiw flaw-mam: (mwafimfimafimmfiwfifiaw mfimfimm; (mmmmmfiwfisfifim 31TH: fififimmmmmmwfim mammmfimmm- Harem 1‘1 Wmfifizmmfimfigfiamwfiw Wmamfiamafiafimmfifiwm mivfifiawmafiaqamfimmm Wfimmfififiaammfiiwfi Wwfimwmfiafimfil immafia fimmfi 137$mmm‘mfiuwfimgé2fisfiz fimmmtlizmsfimzfimummfi manmazmnnm MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health and Family Welfare) NOTIFICATION New Delhi, the 27th October, 20” GS.R. 786(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 (34 of 2003), the Central Govemment hereby makes the following mics further to amend the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004, namely:— 1 if I) 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, (2) They shall come into force with efTect from the l4th November. 201]. 2. In the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004, afier rule 6, the following rules shall be inserted, namely,‘ “7, Health Spots and Scroll in Old Films and Television Programmes—The owner or manager of a cinema hall or theatre where an old Indian or foreign film displaying tobacco products or its use, is being screened, and the broadcaster telecasting old Indian or foreign television programme displaying tobacco products or its use shall mandatorily screen the following, nainelyz- ta) anti-tobacco health spots or messages, of minimum thirty sedonds duration each at the beginning and middle of the film or the television programme; (b) anti—tobacco health warning as a prominent scroll at the bottom of the screen during the period of such display: Ptovrded that, the anti-tobacco health waming scroll shall be legible and readable-m (i) (a) with font 111 black colour on white background; (b) with the warnings “Smoking causes cancer" or “Smoking kills" for smoking forms of tobacco use; (c) with the warnings “Tobacco causes cancer" or “Tobacco kills” for chewing and other smokeless forms of tobacco; (ii) or such other warnings as may be specified by the Central Government from time to time: Provided further that, thc anti-tobacco health warning scrolls or health spots shall be in the same language as used in the film or television programme and in Case of dubbed or subvtitled films or television programmes. the scrolls or spots shall be carried in the language of dubbing or subvtitle: Provided also that such television programmes may be permitted to be telecast on television at such timings that are likely to have least viewership from persons below the age of eighteen years, Explanation—For the purpose of this nile,~ (i) all films that receive Central Board of Film Certification prior to the effective date of this notification shall be categorized as “old films“; (ii) all television programmes produced prior to coming into effect ofthis notification shall be categorized as “Old Television Programme"; (iii) the expression “foreign film" implies “Imported" as defined in the Ciiicniatograpli “8. Health Spots, Scroll and Disclaimer in New Films and Television ngrammes—( I) All new Indian or foreign films and television programmes displaying tobacco products‘or its use shall liave,~ (a) a strong editorial justification explaining the necessity of such display to the Central Board of Film Certification for films and the concealed authority under the Ministry of Information and Broadcasting for television programmes; (b) a ‘U/A' Certification, from the Central Board of Film Certification for all films; and necessary approvals from the concerned authority under the Ministry of Information and Broadcasting for television programmes: Provided that such television programmes may be permited to be telecast on television at such timings as are likely to have least viewership from persons below the age of eighteen years; (c) a disclaimer, of minimum twenty seconds duration, by the concerned actor regarding the ill effects of the use of such products, in the beginning and middle of the film or television programme; (d) antidobacco health spots or messages, of minimum thirty seconds duration each at the beginning and middle of the film or the television prograrrune, (e) anti-tobacco health warning as a prominent scroll at the bottom of the screen during the period of such display: w», v; w Provided that, the anti—tobacco health warning scroll shall be legible and readable,“ (i) (a) with font in black colour on white background; (1)) with the warnings "Smoking muses cancer" or “Smoking kills” for smoking forms of tobacco use; (c) with the warnings “Tobacco causes cancer” or “Tobacco kills” for chewing and other smokeless forms of tobacco; (ii) or such other wamings as may be specified by the Central Government from time to time: Provided further thaL the anti—tobacco health waniing scrolls or health spots shall be in the same language as used in the film or television programme and in case of dubbed or subuitled films or television programmes, the scrolls or spots shall be carried in the language of dubbing or sub-title. Explanation.~For the purpose of this rulei (i) representatives from Ministry of Health and Family Welfare shall also be represented in the Central Board of Film Certification. (it) all films that receive Central Board of Film Certification after the effective date of this notification shall be categorized as “New (iii) all television programmes produced after the effective date of this notification shall be categorized as “New Television Programme”; 9. Product Placement, Promotional materials and Posters—t l) The display of tobacco products or their use in films and television programmes shall not extend to the following, namely 'w [PART lliSEC, 30)} (a) display of the brands at cigarettes or other tobacco products or any form of tobacco product placement; (b) close ups of tobacco products and tobacco products packages: Provided that in a new film or television programme such scenes shall be edited by the producer or distributor or broadcaster prior to screening in cinema or theatre or airing on television, and in an old film or television programme such scenes shall be masked or blurred by the producer or distributor or broadcaster while screening (2) Promotional materials and posters of films and television programmes shall not depict any tobacco products or their usage in any form 10. Cropping or Masking of Brand names and Logos of Tobacco Pmducts.~thrcver 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 or activities held in other countries being aired on television in India," K DESIRAIU, Add}, Secy. Note 2~Thc principal rules were published in the Gazette of India vide notification number GSR 137. dated the 25m February, 2004. and were subsequently amended wide notification number GSR. 345(E), dated the 3151 May, 2005 vm’e October. 2006. Printed by the Manager, Government of India Press. Ring Road, Mayapuri. New Dcth 100674 and Published by the Controller of Publications, Delhi-[10054