While most developed nations have banned cigarette advertising in all forms of media, Indonesia continues to embrace it. (Photo: Andika Wahyu, Antara)

Stopping Tobacco Ads Now Up to the People of Indonesia

Indonesia's Constitutional Court has taken a huge step backward and condemned millions of children to a deadly addiction. And by ruling to quash efforts to ban cigarette advertising on television, the court has dealt a blow to the nation’s already overburdened health care system.

In a test case of the country’s fight against pervasive cigarette advertising, the court rejected a judicial review filed by the National Commission for Child Protection and the Children’s Protection Council, arguing that there was no evidence of a direct link between cigarette advertising and the incidence of smoking among children. Furthermore, it noted, tobacco is not an outlawed substance and as such can be traded and advertised freely.

Five judges ruled to reject the judicial review, with four judges dissenting. One of the judges who ruled to quash the review said the cigarette industry also affected, directly or indirectly, the livelihoods of many citizens.

We do not know what evidence was presented to the judges, but report after report has directly linked tobacco advertising to children picking up an addiction to smoking as young as age 12. Young children puffing away is not a rare sight on the streets of Jakarta or many other cities.

The court’s decision makes no sense. Most developed nations have banned cigarette advertising not just on television but in all forms of media, given the insidious effect advertising has on people, especially the young.

Putting aside the argument about whether advertising influences behavior, several scientific groups in the United States have made the case that in some areas of the brain, nicotine behaves remarkably like cocaine, which is a banned substance. In fact, the US courts have ruled that the Food and Drug Administration has the right to regulate tobacco as a drug and cigarettes as drug-delivery devices.

Advertising is effective in promoting behavioral patterns. Studies have shown that advertising accounts for 34 percent of underage smoking initiation. This is a frightening statistic and explains why our nation has among the highest percentage of young smokers in the world.

A ban on cigarette advertising is critical if we are to protect our young from this harmful addiction. Each day that we waver on laws regulating and banning cigarette advertising, many more people die from tobacco-related illnesses.

The Constitutional Court has made a grave mistake. Its ruling only hurts our children. Although the court’s rulings are final, anti-tobacco groups must continue to fight against the financial might of cigarette companies. There are still other avenues open, and other laws, such as those governing films and the media.

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