Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution Rules, 2006

r- ffi EET EXTRAORDINARY (i) PUBIISIIED BY AUIIIORITY NEW DELIII, FRIDAY, O syilffi f4qs, 2694 {,- "H; 3368 cI/2006 ri. soal No. THE GAZETTE oF TNDIA : E*TRA.RDINAR' lpenr ll.--sec. 3(i)r- "<m" "A. I ra *; qrqir r Ii (r) dfi' ,,(l) =-s t MINISTRY OF HEALTTI AND FAMILY WEIT'ARE New Delhi the 20th October' 2006 (prohibition of Advertisement and Reguration of rrade and commerce, production, Suppry and Disnibution) Act' 2003 (34 of 2003), ttre cenral covemment hereby makes the foilowing nires further to amend the cigarettes a4dother Tobacco Products (Prohibition or ao,",ti,"*ent and R"g,l"*, of Trad-e and Commerce, Production, Supply and Distribution) Regutation of Trade and a.J;il, ;;;;;"", s'pprv and distribution) Amendment Rules' 2006' Gazette, aPPoint' Co*.","ipJ""tion' Supply and Distribution) Rules' 2004'- '(a) "Indirect advertisement" means- (D the use of a name or brand of tobacco products for marketing, promoting or advertising other goods, services and events; (ii) the marketing of tobacco products with the aid of a brand name or trademark which is known as' or in use as, a name'oi brand for other goods arid services; tobacco Producs; and (iv) the use of tobacao products and smoking scenes when advertising other goods and services''; (b) 'for rule 4, the follgwing rule shall be substiiuted' narnely :- 4. prohibition of advertisement of cigarettes and other tobacco products. {1 ) The sfze of the board used for the advertisement of.cigarettes *a *y oit * tobacco products displaied at the entrarrce of exceed sixty centimeters by forty-five centimeters' occupyingthetopedgeoftheboardinaprominentmannermeasuringtwentycentimetersby (D Tobacco causes cancier, or (ii) Tobaccokiils' (3) The heilttr warning referred to in sub-rulb (2) must be promincnt legi a white background' (o The display board shall onty list the type oftobacco products available and no brand pack shot' brand name of the tobacco product or other promotionat meqsaSE and pictrre shall be displayed on the board. rn" ai.pr"v blard shall not b€ backlit or illurninated in any mrnner' (5) Thc ownor or mansSer u in-chrge of the afrain 9r1rlqcc rrh€re cigsr€fiEs and other tobacco products are sold shall not displaytobacco products in such a way that$ey are visible io as to prevent easy access ofobacco producB to Pcrsons below thc age ofcighDcca years' (O No individual cir a person or a character in fllns and television prograumes shall display tobacco Products or their usc : Provided that this sub-rule shall not appli t'o - effect of this (a) old Indian films and old television progranmes' pf|q P:ol:l conring tuito r notirrcatiorr, b"ing s"re"ned b a'cinema hall or theate or aired on television; (b) old foreigrr filrns and old television programmes, including dubbed and sub-titled "foreiga fikns" ana t"f"iision progru.-"t, being scrJened in cinema halls or theatres or aired on television; clearly and undmbiguously r"nu"itt " aargerl Tl br consequences of tobacco use being screened in cinema hall or theatrb or aired on television; (d) live coverage of news, current affairs, interviews, public meetings, sports events, cultural events unintentional coYerage ofuse oftobacco products : brands oftobacco products oriobacco productplacement in any fonn : provided also that close ups of cigarette packages or tobacco pr:ducts shall not-bep^ermist:t:*:::j scenes shall be edited by the producer or disuibutor or broadcaster prior to screening m cmemas or theatres or airing on television' prior to the effective aate oitirl notification shall be categorized as "old films"' Explanation (2).-For the purpose of thjs sub-rule' "foreign film" implies "Imported" as defined in the Cinematograph (Certification) Rules' 1983 ' (6A) ln case of old Indian and foreign films, the owner or manager of the cinema hall or theatre where the film is being screenea ,mii""r*, tf,at anti+obacco health spots of minimum thirty seconds {uration each are to clause (c) of zub-rule 6' I (6B)(a) In case of old television programmes, it shall be mandatory for the broadcaster to ensure either placement periodofsuchdisplayorairingofantitotaccohealthspotsforaperiodofminimumthirtysecondsduring the telecast of each television programme of thirfy minute duration or less' (b) In case the television P-Iogtag-tme is.m3re than thlrfy minutes further airtime of thirty seconds shall be allocated ro, ,u"iiii.r!*Jnta thitry minutes, for telecasting anti-tobacco spots' provided that, the anti-tobacco heaith warning scroll shall be iegibie and readable with font in btack colour or "smokingkills" for smoking form of tobacco use and "Tobaoco ,uur", "*""tllo' "flUu""o kills" for chewing anfother form of tobacco or such oth"r *a;rg, ;*"y be specified by the Central Government from time to time : Provided further that, the anti-tobacco health \ryaming scrolls or health spots shallbe in the same language(s) the scrolis b, ,;;r"r;;1[. .*r"ir, the language of dubbing or sub-titlement (7) Sub-rule (6) shall not apply to new Lndian or forbign films and television progralnmes displaying use of tobacco products necessary ,o ,"pr.r"niite smoking or tobacco t""gt oi a real historical figure or for . representation oi a historical era or classified well known character : provided that in very rare cases where there is display or use of tobacco products due to compulsions of the script, tt"V tt'oiiU" supported by a strong editorialjustifigation : Provided furder Orat the display of usage of tobacco products in such movies and television programmes under this sub-rule shall be subject to the following safeguards : (a) Film and television programs depicting tobacco related.scenes shall mandatorily be given 'A' Certification. Such frlms and television programmes may be permitted to be telec4st alsuch timings as are likely to have least viewership from persons below the age of eighteen years. (b) The films or te levision programs, which depict such scenes, would have a disclaimer by the concerned actor regarding the ill effects of use of such products. The disclaimer would be shown in the beginning, middle and end ofthe film. (c) Whenevdr such scenes are shown in a film or television programme, an anti-tobacco health warning scroll will be continuously displayed on.the Screen starting a minute befQre the scene and would be continuously displayed until one minute after the scene : Provided also that there shall ncvt be any display ofbrands oftobacco products or tobacco product placement in any form : Provided also that closi-ups.ofcigarette p4ckages or tobacco products shall not be permissible and such scen.es shall be edited by the producer or disributor or broadcaster prior to screening in cinemas'or thcafres or airing on television. Explanation (l ). -For the purpose of this sub-rule, all filrns and television programmes that receive Central Board of Film ccrtihcation afterthe effective date of tlis notification shall be categorized as 'new' Explanation (2),-For the purpose of this sub-ruIe, representatives from Minishy of Health and Family Welfare shall also be represented in the Central Board ofFilm Certif,rcation. (8) Wherever 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 electonic media, it shall be mandatory for the media to crop or mask th€ 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 ofsports, cultural and other events or activities held in other countries being aired on television in India. (9) A Steering Committee 'shall bp constituted under the chairmanship of the Union Health Sesretary with representation from among others, the Ministry of Information and Broadcasting, Ministry of Law and Justice, Advertising Standards Council of India Press Council of India, Members of Parliament and voluntary organizations. This Committee shall take cognizance suo motu or look into specific violations under Section 5 of the Act and shall also evaluate cases related to indirect advertising and promotion and pass orders therecif ; (c) in rule 5, the following sub-rules shall be inserteci, namely :-- "(3) The owner or the manager or the in-charge of the affairs of a place where cigarettes or other tobacco products are sold shall ensure that no tobacco product is sold through a vending machine. ( ) The owner or the manager or the in-charge of the affairs of a place where cigarettes or other tobacco products are sold shall ensurc that no tobacco product is handled or sold by a person below the age of eighteen years." Note :-The principal rules were published in the Gazette of India, vide nottfication number G.S.R. 137, dated the 25th February, 2004, and were subsequeRtly amended vide notification number G.S.R 345(E), dated the 3 I st May, 2005 and vide number G.S.R. 698(E), dated 30th November,2005. Printcd by thc Managcr, Govt. of India Prcss, Ring Road, Mayapuri, Ncw Dclhi-!10064 and Publishcd by thc Conbollcr of Publications, Delhi-I10054.