Smoking scenes in films get Centre nod

NEW DELHI: The Centre on Tuesday told the Supreme Court that it would allow smoking scenes in films but the permission came with riders-the actor lighting up will have to do a 20-second anti-smoking promo to be screened once at the very beginning and a second time, after the interval. Moreover, a static anti-smoking message will have to be shown on the screen throughout the smoking scene.

The Centre's decision came following protests from the counsel for UTV Software Communications Pvt Ltd, which is planning the release of its Heroine and filmmaker Mahesh Bhatt. Both were against the Centre's dilly-dallying on a decision despite a Delhi high court order, allowing smoking scenes in films. The SC had stayed the HC order.

Refusing to be drawn into the merits of the controversy, A bench of Justice P Sathasivam and Justice Ranjan Gogoi adjourned the hearing after the Centre's counsel, senior advocate V Shekhar, assured the court that the Union government would issue a notification before September 20, allowing smoking scenes in films with the riders.

UTV challenged the August 2 letter of the information and broadcasting ministry to Central Board for Film Certification (CBFC) before the Delhi HC, which has not granted a stay. The bench asked Shekhar, "Has the HC entertained a challenge even against the Cabinet deliberations?" Shekhar said, "This week, UTV wanted to release Heroine, which has a scene of an actress smoking. The HC will hear the plea on September 10." The court said, "Suppose fresh notification comes, then this petition (in SC) will be infructuous." Bhatt's counsel told the court that if the 2012 notification comes, then the challenge against the 2011 notification would be infructuous. "We can withdraw the petition on this ground and approach the HC challenging the fresh notification," he added.

Shekhar said, "Their anxiety is to get the SC petition before the apex court dismissed as there is a stay operating in our favour." Bhatt's counsel said, "It is true. The censor board is not clearing our film slated for release day after tomorrow." The bench said, "These things relating to smoking and liquor are not essential things to be shown. You can remove it."

Shekhar said on August 2, I&B ministry wrote to CBFC requesting it to advise filmmakers to "give a 20-second anti-smoking message" as approved by the ministry of health with the voiceover of an actor who is seen smoking in the film and display "a static anti-smoking message during the scene".

In September 2005, Bhatt had moved the Delhi HC challenging Rule 4(6) of Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade, Commerce, Production, Supply and Distribution) Amendment Rules, 2005, which prohibited depiction of smoking scenes in television and cinema.

Though the rules underwent several amendments, the writ petitions were heard by a division bench of the HC, which rendered a split verdict. But the 'umpire judge' of the HC in his January 23, 2009, decision struck down the rule banning smoking scenes in films on the ground that they breached fundamental right to expression of an artist. The Centre challenged the HC's decision and the SC stayed the order on April 2, 2009.

The government amended the rules once again in October 27, 2011 relaxing the ban on display of cigarette and tobacco products in films but made display of health warning, messages and disclaimer mandatory.

Interestingly, the Kerala High Court on March 26 this year directed that no scenes in films, tele-serials and other visual media should violate the provision of Tobacco Control Act, 2003 and its allied rules.

In March this year, another writ petition before the Delhi HC challenged the October 27, 2011 notification. Though the HC issued notice to the Centre on this petition, it had adjourned hearing on being informed that the Supreme Court was scheduled to hear the petitions on this issue on September 4.