Dear PAO,
I have minor children who are fond of watching shows on television. There are times when they enjoy watching commercials in between the shows. As a parent, I want to make sure that they will not be able to watch anything on TV pertaining to vices, such as smoking or using tobacco products. Is there a law that at least provides restrictions on the advertisement of tobacco products?
Adam

Dear Adam,
Please be informed of Sections 15 and 19 of Republic Act (RA) 9211, otherwise known as the “Tobacco Regulation Act of 2003,” which states that: “SECTION 15. Restrictions on Advertising. – The following restrictions shall apply to all tobacco advertising: a. Advertisements shall not be aimed at or particularly appeal to persons under eighteen (18) years of age.

“b. Advertisements shall not feature a celebrity or contain an endorsement, implied or express, by a celebrity.
“c. Advertisements shall not contain cartoon characters or subjects that depict humans or animals with comically exaggerated features or that attribute human or unnatural characteristics to animals, plants or other objects.

“d. Advertisements shall only depict persons who are or who appear to be above twenty-five (25) years of age.
“e. Advertisements shall not show, portray or depict scenes where the actual use of, or the act of using, puffing or lighting cigarettes or other tobacco products is presented to the public.

“SECTION 19. Restrictions on Television and Radio Advertising. —Advertisements shall not be broadcast on television, cable television, and radio between seven o’clock in the morning and seven o’clock at night.”
Based on the above-stated law, there are restrictions pertaining to the advertisement of tobacco products, such as the following: a) the advertisement should not particularly aim to appeal to minors, b) celebrities should not be featured in the advertisement, c) there should be no cartoon characters or anything that would depict humans or animals, d) the persons in the advertisement should be or would appear to be above 25 years old, and e) the advertisements shall not show or portray scenes where the actual use of, or the act of using, puffing or lighting cigarettes or other tobacco products is presented to the public. In addition, advertisements for tobacco products on television, cable television, and radio between 7 a.m. and 7 p.m. are not allowed.

The above-mentioned restrictions are the safeguards set by law for an environment that would encourage minors to smoke cigarettes or other tobacco products. In this regard, please be advised that should it be proven that said provision of the law has been violated, there is a corresponding payment of a fine as provided under Section 32(c) of RA 9211.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]