The Union Ministry of Health and Services intends to request that the Board of Control for Cricket in India (BCCI) stop airing tobacco and tobacco product commercials inside cricket stadiums during games. This is the most recent development in the matter.
For a very long time, hoardings of tobacco product producers have been a familiar sight at cricket venues around the nation. Although it is against the law to directly advertise them, brands have created surrogate ads. Businesses frequently say they sell mouth fresheners and other comparable products with identical names and packaging under surrogate advertisements, which frequently communicates a company’s primary objective to the target customer.
The promotion and endorsement of any consumable tobacco product is severely illegal in India under relevant parts of the Cigarettes and Other Tobacco Products Act and the Cable Television Network Rules, 1995. This prohibition extends to OTT and other digital streaming platforms. Surrogate advertisements, however, have provided the manufacturers with an alternate means of carrying on with their sponsorships.
Cricket matches are quite well-liked by young people. There have been numerous occasions when celebrity endorsements and surrogate smokeless tobacco advertisements have been shown during cricket matches. The young are typically drawn to this inadvertently. The BCCI may receive a communication from the health ministry’s DGHS (Directorate General of Health & Services) asking them to cease airing tobacco-related advertisements in any format, according to a source cited by Mint.
Unable to act against corporations or celebrities because of stand-in advertisements: S K Arora
Former Delhi Government official Dr S K Arora stated that while celebrities, including current and former cricket players, are frequently spotted using legal loopholes to promote these goods to the public, the authorities are powerless to take legal action against them.
In order to get around the legislation, these commercials—which are really for well-known tobacco and gutka brands—are being run under the names Pan masala, Elaichi, and other foods. When Pan Masala advertisements were widely circulated, I issued a number of show cause notices to Bollywood, Hollywood, and cricket stars. In several cases, these notices were successful in stopping the advertisements, and today, most of the celebrities promote tobacco products under the name Elachi with flavourings, according to Arora.
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“We have enough laws under the Food Safety Standards Authority of India, the COTPA, and other laws to punish them, but because of their status and the lax application of these laws, they always escape punishment,” he continued.
Notably, state associations—rather than BCCI directly—manage the advertising banners. TV or digital advertisements are also the responsibility of broadcasters and streamers. Thus, it can be presumed that the board may convey a direction to the relevant parties to follow suit after obtaining it from the relevant government.
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