Films with tobacco use – recommended policies
Films with tobacco use should include a certificate in the closing credits declaring that no persons involved with the production of the movie received anything of value (cash, free cigarettes or other gifts, free publicity, interestfree loans or any other consideration) from anyone in exchange for using or displaying tobacco products in the film.
Certification should require a sworn affidavit on public file from the responsible executive at every company with production and distribution credits for the film. This certification should be backed up by appropriately transparent internal procedures within the companies to assure compliance. Under penalty of perjury or fraud, it would encourage executives to keep productions free of tobacco industry influence.
Certification would help discourage tobacco influence through covert, transnational, tobacco-related investments or credit facilities for film productions. Because it is a legal instrument, the actual certification, which would be longer and more technical than the notice required to be shown on screen, must be drawn up with expert legal advice. Because side deals by contractors, employees and even actors are difficult to ascertain, eliminating tobacco imagery entirely from films may be the surest way to reduce the certifying companies’ legal exposure altogether. A procedure is needed for deciding if the film includes tobacco imagery and needs to be certified. This qualification procedure should be categorical in that any film that refers to, shows or implies tobacco use, a tobacco product or a tobacco brand needs to be certified. Many countries already have a voluntary or official regime for registering films, rating them and approving them before local distribution. They may also have specific tax or trade policies for distribution of imported films.
In addition, some countries subsidize so-called “national” films with public money. Such existing mechanisms should be amended to require certification that no payoffs have been accepted for films with tobacco images. Where imported films dominate a country’s film market, it should be a straightforward procedure to require certification of no payoffs as a condition for a film’s exhibition license. The country is simply requiring that the distributor ensure that the film does not violate the national policy against paid tobacco advertising. Also, antiplacement language should be inclusive so as to cover any kind of “consideration”, including gifts, barter (including ad barter), discounted services (such as production services), promotional arrangements, house rents and auto leases, as well as cash or credit extended to an individual or company. Most film productions also take maximum advantage of international business shelters, national- or subnationallevel subsidies and favourable tax provisions. Thus, restricting such tax allowances to films without tobacco imagery may be another consideration at national levels.
Tags: tobacco warnings
