Anurag Kashyap v. Union of India

The makers of an Indian film challenged the rules issued under the Cigarettes and Other Tobacco Products Act (COTPA) requiring a static anti-tobacco health warning at the bottom of the screen during the time that tobacco products are displayed in the film. The filmmakers argued that the health warning would unnecessarily disturb the viewers’ attention and destroy the enjoyment of the movie. The court denied the filmmakers’ request, noting that granting a stay of the advertising rules would interfere with the government’s implementation of the rules. In particular, the court referred to another court decision ordering the government to rigorously implement the law and the rules promulgated under the law. However, the court noted that the filmmakers could ask the government to modify or delete the rules related to anti-tobacco health warnings in films.

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Anurag Kashyap v. Union of India, Writ Petition No. 119 of 2014, Bombay High Court (2014).

  • India
  • May 7, 2014
  • High Court of Judicature at Bombay

Parties

Plaintiff Anurag Kashyap

Defendant Union of India

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None