Section 4(6) in The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Rules, 2004
(6)No individual or a person or a character in films and television programmes shall display tobacco products or their use:Provided that this sub-rule shall not apply to-(a)old Indian films and old television programmes, produced prior to coming into effect of this notification, being screened in a cinema hall or theatre or aired on television;(b)old foreign films and old television programmes, including dubbed and sub-titled "foreign films" and television programmes, being screened in cinema halls or theatres or aired on television;(c)Indian or foreign documentaries and health sports displaying use of tobacco products made to clearly and unambiguously reflect the dangers and dire consequences of tobacco use being screened in cinema hall or threatre or aired on television;(d)live coverage of news, current affairs, interviews, public meetings, sports events, cultural events and the like, being telecast on television whereby there is a purely incidental and completely unintentional coverage of use of tobacco products:Provided further that the exemptions under clauses (a) , (b) , (c) and (d) above shall not extend to display of brands of tobacco products or tobacco product placement in any form:Provided also that close ups of cigarette packages or tobacco products shall not be permissible and such scenes shall be edited by the producer or distributor or broadcaster prior to screening in cinemas or theatres or airing on television.Explanation (1).-For the purpose of this sub-rule, all films that receive Central Board of Film Certification prior to the effective date of this notification shall be categorised as "old films".Explanation (2).-For the purpose of this sub-rule, "foreign film" implies "Imported" as defined in the Cinematograph (Certification) Rules, 1983.(6-A) In case of old Indian and foreign films, the owner or manager of the cinema hall or threatre where the film is being screened shall ensure that anti-tobacco health sports of minimum thirty seconds duration each are screened at the beginning, middle and end of the said film. The provisions of this sub-rule shall not apply to clause (c) of sub-rule (6).(6-B)(a) In case of old television programmes, it shall be mandatory for the broadcaster to ensure either placement of an anti-tobacco health warning as a prominent scroll at the bottom of the television screen during the period of such display or airing of anti-tobacco health spots for a period of minimum thirty seconds during the telecast of each television programme of thirty minute duration or less.(b)In case the television programme is more than thirty minutes further airtime of thirty seconds shall be allocated for each incremental thirty minutes, for telecasting anti-tobacco spots.(c)The minimum duration of each anti-tobacco spot shall be not less than fifteen seconds.(d)The provisions of this sub-rule shall not apply to clauses (c) and (d) of sub-rule (6):Provided that, the anti-tobbaco health warning scroll shall be legible and readable with font in black colour on white background with the warnings "Smoking causes cancer" or "Smoking kills" for smoking form of tobacco use and "Tobacco causes cancer" or "Tobacco kills" for chewing and other form of tobacco or such other warnings as may be specified by the Central Government from time to time:Provided further that, the anti-tobacco health warning scrolls or health spots shall be in the same language(s) as used in the film or television programme. In case of dubbed or sub-titled films or television programmes, the scrolls or spots shall be carried in the language of dubbing or sub-titlement.
