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Indonesia: Stricter Anti-Tobacco Rules Being Drafted

(Feb. 23, 2012) On February 21, 2012, Bambang Sulistomo, an advisor to Indonesia's Health Ministry, announced the country would be going forward with stricter rules on tobacco sales and labeling. The plans have been under discussion since 2010 and have faced opposition from the tobacco industry. At present, the goal is to prohibit sales of individual cigarettes and to re-enforce the existing ban on sales to minors. In addition, the new rule will require graphic anti-smoking warnings to be printed on cigarette package labels. Sulistomo mentioned the efforts of the tobacco companies to limit the size of these labels, stating, “[s]ome of them have proposed that the pictures only cover 10 percent of the pack's surface area, but we want 50 percent.” (Anita Rachman, Anti-Smoking Efforts in Indonesia Set to Intensify, THE JAKARTA GLOBE (Feb. 21, 2012).)

The new regulation will not cover advertising rules for tobacco products. Although the 2002 Broadcasting Law does have some regulation of tobacco promotion, such advertisement is not banned. Article 46, section 3(c), specifies that any advertisement for cigarettes may not show the tobacco product itself. Any additional regulation would involve amendment of that 2002 law. (Id.; Undang-Undang Republik Indonesia Nomor 32 Tahun 2002 Tentang Penyiaran, Asian Legal Information Institute website; Law of the Republic of Indonesia Number 32 Year 2002 on Broadcasting [partial English translation], Country Details for Indonesia, TOBACCO CONTROL LAWS (Dec. 28, 2002).)