LI Network
Published on: January 17, 2024 at 12:35 IST
The Supreme Court dismissed a petition seeking criminal action against Tamil actor Dhanush, as well as producers and distributors of the 2014 film ‘Vela Illa Pattadhari’ under Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003 (COTPA).
The petition claimed that the film’s posters depicted the lead actor smoking a cigarette, violating COTPA regulations.
The Supreme Court upheld the decision of the Madras High Court, which had quashed a complaint filed by S. Cyril Alexander, State Convenor of the Tamil Nadu People’s Forum for Tobacco Control.
The High Court reasoned that Section 5(1) of COTPA, which prohibits the display of cigarette-related advertisements, does not apply in this case.
The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, concurred with the High Court’s finding that the allegations did not meet the criteria of Section 5(1) of COTPA. They emphasized that this provision is not applicable when the display is not done by individuals engaged in the production, supply, or distribution of tobacco products.
The complainant argued that the movie’s producers, distributors, and the lead actor were responsible for promoting smoking through the film’s advertisements, attracting adolescents to adopt such habits. However, both the High Court and the Supreme Court concluded that the accused parties were in the movie business, not tobacco trade, making a crucial distinction between the statutory provision and the allegations presented.
The Supreme Court, in its final decision, declined to interfere with the High Court’s judgment, leading to the dismissal of the Special Leave Petition.
Case Name: S. CYRIL ALEXANDER vs. STATE REPRESENTED BY DR. V.K. PALANI
