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Thursday, 22 July 2010

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Tobacco ban and debiddo

Banning advertisements promoting

* Smoking
* The purchase or use of a tobacco product
* A trade mark registered in respect of a tobacco product or articles that includes tobacco products
* The name of the manufacturer of a tobacco product

Public disapproval has been raised against a particular scene in the stage drama, Debiddo. It is due to the moral and legal conflicting situation arising from the scene.

The drama's main actress and a veteran politician Karu Jayasuriya have expressed views through media with regard to unpleasantness expressed and objections made by the viewers.

The main actress says it is not she who smokes in this drama, but the particular character. But she smokes not at her personal residence, while performing in a stage drama in a theatre which is a 'public enclosed place', in front of the audience. Before making such a foolish statement, one should understand that ignorance of law is not an excuse.

Although she says motive behind the foreign creator of this story is not to promote smoking in Sri Lanka, it should be shown in compliance to the country's law since this drama is being staged in Sri Lanka.

As she has stated that an artiste should perform any scene that is in a play, I would like to ask whether she is prepared to perform in public, a scene of "call of nature". Karu Jayasuriya has also stated that the Director has voluntarily removed several smoking scenes in this drama, leaving out one scene. But that single scene is adequate to mislead society. What is important is not the number, but the message given to society. Through this scene much harm has been caused. There are generalizations of smoking among women, children and youth and smoking at "enclosed public areas" as well as "advertising of tobacco products" by portraying a smoking scene and a pack of cigarettes. Thus the drama has violated the tobacco control law and also caused moral harm.

The role of art

Jayasuriya inquires as to whether the Government has taken a policy decision that smoking scenes should not be included in stage dramas. It is a surprise that Jayasuriya who is a veteran politician makes such an inquiry about the Tobacco and Alcohol Act which was passed in Parliament in December 2006.

On the other hand is it necessary to prod on drama/tele drama or film directors, producers, Public Performance Board and politicians on the legislation of this country?

His daughter is a leading tobacco control advocate of the World Health Organization.

If law is violated harm is done to the social benefit through an artistic work, what is the advantage of that production? An artiste should contribute to build the society through his/her creativeness and not to destroy it.

One may not see smoking as the worst among harmful activities in society. But all should definitely know that through smoking an enormous amount of complexities such as health hazards to the user and those who inhale the fumes spring up. Public health problems, poverty, and environmental problems are other consequences.

Although portraying of smoking scenes through media is considered trivial, research have proved that such portrayals in the longterm lead to children getting attracted to follow film celebrities, initiate to smoking and finally getting addicted to smoking.

The majority of smokers had begun smoking in childhood. Smoking scenes of this nature have contributed to this end.. Since tobacco industry is well aware of it, they pay tele-film producers to include such scenes in their creations.

People falling prey to untimely death and disabilities in their productive years is an immense loss and harm to society, Government and its economy.

One should not try to fulfill the enjoyment and the right of the viewers of a drama by violating the rules and regulations of a country.

Violation of law

Through the particular smoking scene in this drama, it has publicly violated several sub clauses of the Tobacco and Alcohol Act No. 27 of 2006.

The Act says: "Enclosed Public Place" includes, any Government Department, statutory authority, or board of public institution, office premises, bank, court house, auditorium, sports complex, hospital, clinic, dispensary, laboratory, school, university, or other educational institution, library, museums, places of worship, hotel, guest house, lodge, hostel, restaurant, club, internet café, cinema, theatre, supermarket, airport, a waiting room in railway station, or bus terminal, any public conveyance, building, any built in area and life."

A violator is liable to a fine not exceeding Rs. 2,000 or to an imprisonment of one year or both.

Similarly tobacco advertisement means, any writing, still or moving picture, sign, symbol or distinctive colours or other visual image, any audible message or any combination of the aforesaid.

In the same way, a person cannot use a brand name or trade mark of, or any symbol associated with, a tobacco product or alcohol product or the name of a manufacturer of a tobacco product or alcohol product in association, whether directly or indirectly, with such tobacco product or alcohol product-

(a) in connection with the promotion of any educational, cultural, social or sporting organization, activity or event;

(b) in such a manner as indicates, or acknowledges, that any financial or other assistance has been given by, or on behalf of, the manufacturer, importer or distributor of such tobacco product or alcohol product towards such organization, activity or event.

A violator is liable to a fine not exceeding Rs. 2,000 or imprisonment of one year or both.

If the actress may smoke in a drama which is staged in a public area, how do we deny the right of a spectator smoking an enclosed public area? The Chairman National Authority on Tobacco/Alcohol needs to clarify this situation.

It is the cigarette which is still responsible for one death occurring in every six seconds in the world. The loss of lives due to smoking in a year is 5.4 million. Of this number 1.2 deaths are occurring in the Asian region.

There is a trend nowadays for generalization of smoking among women through tele dramas and films. It is smoking which is a challenge and a huge obstruction to increasing the quality of lives of people. It is greatly affecting the economy of a country too.

One should not entice children, youth, women and entirely the public by portraying smoking scenes which is a challenge to life when art which is meant for improving mental happiness and inspiration of man. If an artist does so, it is a grave disgrace.

It is also surprising to hear that the Coordinator of the Bloomberg Project of the National Tobacco Control Authority has made a statement through media that there is no clause in the National Tobacco and Alcohol Authority Act to regulate smoking scenes in a drama or any other creative work. Strange!

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