Delhi High Court Dismisses Plea Seeking Ban On Display Of ‘Gross Images’ In Anti-Tobacco Ads In Cinemas, OTT Platforms

The Delhi High Court has dismissed a petition seeking prohibition on the display of anti-tobacco health spots containing “graphic or gross images” during films in cinemas, TV or OTT platforms.

Justice Subramonium Prasad observed that the graphic description given in the Government issued advertisements are meant to be “eye-openers for the people” to not use tobacco and tobacco products and therefore, is in public interest.

“The purpose of display of distasteful, gross, graphic anti-tobacco imagery in the health spots played during the screening of movies and TV programmes is only to make people aware of the ailments and ill-effects of consuming tobacco and tobacco products and to show them what tobacco can do to their health,” the court said.

Calling the plea a gross misuse of process of law, Justice Prasad dismissed the petition moved by a young lawyer, Advocate Divyam Aggarwal. The court said that it was restraining itself from making any comments on the lawyer which might have a bearing on his future.

“However, this Court warns the Petitioner not to file such kind of frivolous petitions in future,” the court said.

Aggarwal was aggrieved by incorporation and prevalence of “distasteful, gross and graphic anti-tobacco imagery” in the health spots played during the screening of movies and TV programmes.

Noting the harmful effects of smoking on the health, the court said that the Government of India brought in the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, which provides for statutory warning on the packets of cigarettes and other tobacco products and also the manner in which the specified warning has to be made.

“With a view to deter people from smoking tobacco and tobacco products, the Government of India has brought in advertisements to educate people about the ill effects of tobacco and tobacco products. The graphic description given in these Government issued advertisements which, according to the Petitioner, are gross and graphic imagery, are in fact meant to be eye-openers for the people not to use tobacco and tobacco products and is, therefore, in public interest,” the court said.

Rejecting the plea, Justice Prasad said that the plea has been backed by the “tobacco industry lobby” to prevent the Government from creating awareness against tobacco, which is the sole cause responsible for a number of ailments among men and women.

“The aim of the present Writ Petition is actually to restrain the Government from achieving a noble objective of a tobacco free State and to ensure that people do not become tobacco addicts,” the court said.

Advocate Divyam Aggarwal appeared in person.

ASG Chetan Sharma with CGSC Ajay Digpaul appeared for Union of India along with Advocates Amit Gupta, Swati Kwatra, Kamal Rattan Digpaul, Ghanshyam Jha and Ishita Pathak.

Case Title: DIVYAM AGGARWAL v. UNION OF INDIA & ANR

Citation: 2023 LiveLaw (Del) 921

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