Table 2.
Tobacco advertising, promotion and sponsorship legislation progression at national and state level in Bangladesh and legislative loopholes identified
Year | Legislation | Definitions | TAPS ban related key-points | Sanctions | Gaps identified |
2005 | Act no XI of 2005 or ‘Smoking and Tobacco Products Usage (Control) Act 2005’ | Tobacco product: Any product made from tobacco which can be inhaled through smoking, and also includes bidi, cigarette, cheroot, cigar and mixture used by pipe |
Ban coverage: tobacco ads display in cinema halls, public and private radio and television (TV) stations, printed and electronic media, depiction of tobacco ads on films or videos, billboards, distribution of leaflets, sponsorship of events and individuals, promotional activities (free product distribution, awards, stipends, scholarships) vending machines | BDT1000 or imprisonment up to 3 months or both | Definition does not include: smokeless tobacco. Ban coverage does not include: Corporate Social Responsibility (CSR) activities, advertisements and promotions at PoS, use of misleading descriptors (eg, ‘light’), manufacturing items resembling tobacco products. |
2006 | The Smoking and Using of Tobacco Product (Control) Rules | (None stated) | Ban of direct and indirect exhibition of tobacco products at PoS Exception: Distribution and supply of leaflets, handbill or any document |
(None stated) | Absence of bans related to smoking depiction in plays and movies, gifting items and marketing through brand name, logo or colours |
2013 | Gazette of 2013 or ‘Act for the Amendment of Smoking And Tobacco Products Usage (Control), 2005’ | Tobacco product: Any product made from tobacco, its leaves or its extract which can be sucked or chewed, or inhaled through smoking, and also includes bidi, cigarette, cheroot, granulated, pug cats, snuff, chewing tobacco, cigar and mixture used in pipe Tobacco advertisement: Means conducting any kind of commercial programmes for encouraging the direct or indirect usage of tobacco or tobacco products |
Ban coverage: (everything included in 2005 legislation, plus) depiction of tobacco use on local and international movies, TV programmes, radio, internet or any other public media, products’ resemblance with the cover, packet or box of a tobacco product, display of tobacco products’ advertisement at PoS in any way, using tobacco company name, sign, trademark, symbol against sponsoring CSR programmes, use of brand elements (eg, light, mild) Formation of National Tobacco Control Cell, under the Ministry of Health and Family Planning, for the proper implementation of the Act, observation of the tobacco control activities, research and completion of other relevant activities. Exception: Depiction on movies with the necessity of plot (however, scene should be accompanied with a health warning message displayed on the screen) |
BDT100 000 or imprisonment up to 3 months or both If he contravenes the provisions more than once, every time the amount of fine or punishment shall be doubled |
Absence of code of conduct for interactions with tobacco industry and no protection of policy-making from tobacco industry interference. Tobacco product display at PoS is a form of tobacco advertisement, but the legislation should explicitly ban it greater clarity. |
2015 | Gazette 2015 or ‘Smoking and Tobacco Products Usage (Control) Rule 2015’ |
(None stated) | A health warning shall be displayed in the middle of the screen covering at least one-fifth of the screen, in white letters against a black background, in Bengali with the following words ‘smoking/consuming tobacco causes death’, and the health warning shall be continuously displayed as long as the scene continues. In case of telecasting, after the first advertisement break that is, before starting the scene and also before the second advertisement break, that is, after the completion of the scene, a health warning shall be displayed in full-screen for at least 10 s in white letters against a black background, in Bengali with the following words ‘smoking/consuming tobacco causes death’. In case of a movie showed in a cinema hall which has scenes of tobacco consumption, a health warning shall be displayed before starting the movie, before and after the break and after completion of the movie, the health warning shall be displayed in fullscreen for at least 20 s in Bengali with the following words ‘smoking/consuming tobacco causes death.’ |
(None stated) | (None stated) |
PoS, point of sale.