Interest groups have charged that the government has failed to uphold its very own cabinet ban on indirect tobacco advertisements.

In 1992, the cabinet endorsed a ban on all indirect advertisements and brand name sponsorships from tv and radio, with the Health Ministry backing this decision with the announcement that all such ads will be banished by July 2003.

Exceptions were given to the industry's sponsorship contracts in football (by end of 2004) and motorsports (by the end of 2005).

However, a current TV3 game show, 'The A Challenge', has Indonesian kretek brand Sampoerna A as its sponsor.

Muhammad Sha'ani Abdullah, deputy president of the Federation of Malaysian Consumers Association, said his organisation has been "pestering" the Health Ministry to come out with an amended regulation on indirect ads, ever since it was first proposed, but nothing has been forthcoming.

"We are very disappointed with the ministry," he said, with reference to the delayed legal translation of the cabinet directive.

In fact, Muhammad Sha'ani added, Health Minister Chua Jui Meng should just resign his post, seeing that it was he who announced, fresh from his return in signing the World Health Organisation's Framework Convention on Tobacco Control in Sept, that there will be no more indirect advertising on television.

Malaysia became the 63rd country to ratify the FCTC, aimed at banning all tobacco advertising worldwide by 2006.

Cabinet's authority

On the other hand, the Islamic Medical Association of Malaysia (PPIM) pointed to what seems to be the Energy, Communications and Multimedia Ministry's 'failure' in upholding the cabinet decision.

Though TV3 and Sampoerna A's action weren't illegal per se, its "blatant violation" of the cabinet decision nevertheless takes precedence, the group said.

"The go ahead given to TV3 by the Ministry of Energy, Communications and Multimedia is only an administrative procedure not a legal one," said the organisation's president Dr Musa Mohd Nordin.

This meant that while the law has not been appropriately amended to keep up with the cabinet decision, the government must nevertheless uphold the authority of Malaysia's highest executive committee.

Is that "not good enough reason to compel the parties to comply?" said Musa.

Malaysia's current laws are silent on indirect tobacco advertisements. The Food Act 1983 and the advertising code only make it illegal to feature cigarette packs or images resembling packs.

"We think the government can do much better in handling the current situation. PPIM wants the health minister to legislate the total ban on tobacco promotion as soon as possible, so that similar problems will not recur.

"In the Star on Nov 8, Japan Tobacco (JTI) and Astro announced that the Mild Seven Astro Masters will be organising golf clinics for children next year. It is obvious that JTI wants to associate its Mild Seven name with children," he added.

At press time, neither the Health Ministry nor the Energy, Communications and Multimedia Ministry could be contacted for comments.

Laws 'being drafted'

However, health ministry officials have in the past announced that a new stand-alone tobacco control legislation, as well as amendments to existing tobacco control regulations, can be expected to be implemented "soon".

These new legal changes can be expected to match the spirit of the Framework Convention on Tobacco Control, and will include clear policies on all promotions of cigarette brand names.

At the other end of the spectrum, television stations and other content providers is expected to draw up their own self-regulating policy next year.

The Consumer Forum of Malaysia - the industry representative empowered by the Communications and Multimedia Act to write and enforce its own self-regulating policy - said that they will be emerging with the final draft of a 'Content Code' for television and other forms of mass media.

CFM officials say this code will also spell out a ban on all direct and indirect tobacco promotions.