Nithyakalyani Narayanan. V
The Madras High Court quashed the complaint filed against actor Dhanush, Aishwarya Rajinikanth and others under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act 2003, on July 10th, 2023.
Cyril Alexander, the State Convenor of Tamil Nadu People’s Forum for Tobacco Control, argued that the producers of the movie Velai Illa Pattadhari (VIP)violated COTPA, which prohibits the promotion of use or consumption of cigarettes or any other tobacco products either directly or indirectly through advertisements via any medium.
The court observed that the scenes of smoking on the posters of the movie would not attract the offence as per Section 5 of the Act. The section prohibits only producers, suppliers, and distributors of tobacco products from advertising them and therefore filmmakers could not be prosecuted under the section.
Justice N. Anand Venkatesh remarked that “A penal statute has to be strictly construed since the consequence of an action taken under the statute will touch upon the life or personal liberty guaranteed under Article 21 of the Constitution.”
Name of the case: Sv. Rm. Ramanathan and Others v State and Others
Bench: Justice N. Anand Venkatesh
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