LI Network
Published on: October 4, 2023 at 10:57 IST
The Delhi High Court has dismissed a petition that sought to ban the display of anti-tobacco health advertisements containing “graphic or gross images” during screenings of movies in cinemas, television programs, and OTT platforms.
Justice Subramonium Prasad stated that the detailed and vivid descriptions in government-issued advertisements are intended to serve as “eye-openers for the people,” discouraging the use of tobacco and tobacco products, and therefore, serve the public interest.
“The purpose of displaying distasteful, graphic, and gross anti-tobacco imagery in health advertisements shown during movies and TV programs is solely to raise awareness about the diseases and harmful effects of consuming tobacco and tobacco products and to demonstrate the impact of tobacco on one’s health,” the court stated.
Labeling the plea as a significant misuse of legal processes, Justice Prasad dismissed the petition filed by Advocate Divyam Aggarwal, a young lawyer.
The court refrained from making any comments about the lawyer that could impact his future but cautioned against filing such frivolous petitions in the future.
Aggarwal had raised objections to the presence of “distasteful, gross, and graphic anti-tobacco imagery” in health advertisements shown during movies and TV programs.
Highlighting the detrimental health effects of smoking, the court noted that the Government of India had enacted the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. This law mandates statutory warnings on cigarette and tobacco product packaging and prescribes the manner in which these warnings must be displayed.
“In an effort to deter people from smoking tobacco and using tobacco products, the Government of India has introduced advertisements to educate the public about the adverse effects of tobacco. The graphic descriptions in these government-issued advertisements, which the petitioner considers gross and graphic, are, in fact, meant to open the eyes of the public to discourage the use of tobacco and tobacco products. Thus, it serves the public interest,” the court affirmed.
Rejecting the plea, Justice Prasad asserted that it was backed by the “tobacco industry lobby” aiming to obstruct the government’s efforts to raise awareness against tobacco, which is a leading cause of various health problems among both men and women.
“The underlying objective of this Writ Petition is actually to hinder the government from achieving the noble goal of a tobacco-free state and to ensure that people do not become addicted to tobacco,” the court concluded.
Case Title: DIVYAM AGGARWAL v. UNION OF INDIA & ANR