Jamaica Gleaner

Country warned of tobacco law loophole

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SENATOR DR Saphire Longmore has called for a rethink to a provision in the Tobacco Control Act, 2020, as language in a provision could be exploited by players in the industry.

Longmore, a psychiatri­st, told fellow lawmakers and members of a technical team engaged in a lively debate Wednesday as a joint select committee reviewed the proposed law that seeks to prohibit advertisin­g and promotion of tobacco sponsorshi­ps but make exceptions in certain circumstan­ces.

Section 24 (5) (a) of the proposed statute prohibits advertisin­g of tobacco products, relevant products, or tobacco sponsorshi­ps, except for depictions of their use in media where the representa­tion is purely incidental or is justified by reasons of historical accuracy or legitimate journalist­ic, artistic or academic expression.

The senator said the word ‘incidental’ in the provision could be exploited by players in the industry.

“We have no issue with the historical accuracy, legitimate journalist­ic or academic expression, but our issue is with the incidental and what could be potentiall­y abused,” Long more maintained.

Albert Edwards, attorney-at-law and consultant with the Ministry of Health, said that the legislatio­n was seeking to strike a balance.

“Looking at the issue from a strictly legal point of view, we have to balance what is the likely harm from an artistic production and historical production incidental­ly displaying a prohibited product, not for advertisin­g purposes,” he said.

But Sheryl Dennis Wright, attorney-at-law and consultant with the Pan American Health Organisati­on, agreed with Longmore.

She argued that it would be good to remove the “purely incidental” from the provision, noting that “if you were to keep it, it is one of the provisions that the industry can easily take advantage of”.

 ?? ?? Dr Saphire Longmore
Dr Saphire Longmore

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