The Madras High Court has recently dismissed a complaint filed in 2022 against actor Dhanush, director-producer Aishwarya Rajinikanth, and others, alleging a violation of the law due to the depiction of the actor smoking a cigarette in the poster for his 2014 film, VIP.
Justice N Anand Venkatesh dismissed the complaint, which had been filed by Cyril Alexander before the local metropolitan magistrate’s court.
The complainant argued that Aishwarya Rajnikanth, as the producer of the film, had violated Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003 (COTPA). This section prohibits the promotion or consumption of cigarettes or any other tobacco products, directly or indirectly, through advertisements in any medium.
Dhanush, in his defense, argued that film posters and scenes should not be considered advertisements or promotions.
Furthermore, the filmmakers included disclaimers against cigarette smoking in compliance with the guidelines of the Central Board of Film Certification.
The Court stated that “In the instant case, the only allegation that has been made in the complaint is that the advertisement banners of the movie were found to carry the picture of the lead actor prominently smoking a cigarette. This act, per se, cannot be brought within the purview of Section 5 of the COTPA since the display was not done by persons engaged in the production, supply, or distribution of cigarettes or any other tobacco products, and the person, who was depicted as smoking cigarette, was not under any contract with the entity or the person engaged in production, supply or distribution of cigarettes or any other tobacco products nor he was promoting their product.”
