After much deliberations, the proposed ban on smoking in films will be implemented from January 1, 2006 onwards. The Centre stated this while presenting a government notification before the Delhi High Court today.In the revised notification issued by the Union Ministry of Health and Family Welfare on November 30, it has been decided to exempt Indian films and television programmes displaying use of tobacco products by a real figure from history from the ban.According to the notification, Indian films and TV programmes produced prior to the notification coming into effect would also be exempted.The court is seized of a petition filed by leading film producer Mahesh Bhatt against the ban on smoking on screen.Foreign films and TV programmes, including dubbed or sub-titled ones, live coverage of news, current affairs, interviews, public meetings, sports and cultural events telecast on TV would also get the benefit of the exemption.As it was filed before the High Court, the notification clarifies that the exemptions shall not extend to display of brands of tobacco products or tobacco product placements in any form. It has also been proposed that a steering committee chaired by the Union Health Secretary, with representatives of the Ministry of Information and Broadcasting, Law and Justice, Press Council of India, besides Advertising Standards Council of India, be set up. The said committee, the notification stated, will take cognisance suo motu or look into specific violations 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.’’Senior counsel Sandeep Sethi submitted on behalf of Bhatt that he wanted the ban to be lifted as it worked against artistic expression. As the government counsel sought time to argue the case, the court has posted the matter for further hearing to December 16.
