Today, the Kerala High Court cast doubt on the notion that individuals, particularly the youth, would be inclined to take up smoking solely due to the depiction of smoking scenes in movies or television shows.

Justice Devan Ramachandran raised questions regarding the expectation that the entire screen should bear health warnings. He also expressed concerns about the potential impact of such regulations on both international and regional films.

He emphasized the significance of tackling factors such as peer pressure, the ready availability of cigarettes, and societal acceptance as major contributors to the development of smoking habits.

Justice Ramachandran remarked, "Your thinking is limited. You are attributing much less to these boys and girls than you can expect. They are far more intelligent than you or I. Their behaviors are not solely influenced by what they see on screen; they have their reasons. I am certain that smoking, drinking, and even drug use are not primarily due to on-screen depictions. It's mostly a result of peer pressure, availability, and societal acceptance—people who normalize such behaviors."

He expressed support for initiatives aimed at preventing smoking, drinking, and drug use among youth but underscored that such vices are not exclusively caused by on-screen depictions.

The High Court was deliberating on a petition challenging the non-implementation of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA, 2023). The act mandates anti-tobacco warnings and disclaimers for publishers of online curated content (OTT platforms) in audiovisual programs depicting the use of cigarettes and tobacco products.

The petition before the Court was filed by Kerala Voluntary Health Services, an organization affiliated with the Voluntary Health Association of India. The petitioner expressed concerns about the pervasive display of tobacco or smoking scenes in television, movies, and over-the-top (OTT) media platforms.

The petitioner submitted that the Cigarettes and Other Tobacco Products Act (COTPA, 2023) and the government notification mandating disclaimers while displaying tobacco scenes on media platforms are frequently disregarded.

The petitioner added that motion pictures displaying the consumption of tobacco products would particularly impact children and adolescents. Their immaturity makes them more willing to suspend their beliefs than mature men and women, making them more susceptible to influence.