History and legality of cigarette advertising in Indonesia
Cigarette advertising in Indonesia is presently allowed,[1] and as of 2021, Indonesia is the only country in the world to allow cigarette advertising.[2] However, it is prohibited to show cigarettes and advertising must include smoking warning messages. In Indonesia itself, such advertisements are known under the name iklan rokok in Indonesian. In 2003, cigarette advertising and promotions in Indonesia was valued at $250 million.[3] In addition to television and outdoor advertisements, sporting events sponsored by cigarette brands or companies also occur.[4]
According to the mayor of Bogor, Bima Arya Sugiarto in 2021, smoking attempts among children and teens under 18 years are mostly caused by seeing cigarette advertisements and promotions.[5] Cigarette advertisements are also considered to be the most manipulative, according to the Indonesian Consumer Organization (YLKI) in 2017.[6]
Regulation
Per Article 46 of the Indonesian Broadcasting Law, cigarette advertisements are prohibited from showing cigarette packaging or smoking scenes,[7] with the exception of the Peringatan: Merokok Membunuhmu (Warning: Smoking kills you) warning used by advertisements during 2013 to 2018, which features the image of a man smoking in front of skulls.[8] It has been replaced ever since with image of a laryngeal cancer survivor underwent laryngectomy, due to presumed contradictive effect for promoting smoking. Until 2024, it says: Peringatan: Karena Merokok, Saya Terkena Kanker Tenggorokan, followed by a toll-freequitline number operated by the Ministry of Health. Mentioning the product as cigarettes is also prohibited, with the exception of warning messages that already mentioned the Indonesian word for smoking, merokok. This rule was technically violated by a Sukun Merah Wangi advertisement dated from early 2010s, of which was possibly only aired on certain local TV stations.[9] The word kretek is not covered by this rule, and thus commonly used by the cigarette advertisements to refer their product type.
Cigarette advertisements are also prohibited from showing children, pregnant women, cartoon characters, cigarette recommendations or misleading words. The sizes of billboards are not allowed to be more than 72 m2 (780 sq ft).[10] Advertisements of promotion strategies of cigarette companies are classified as "cigarette advertisements".[11] In addition, cigarette advertisements must include a warning message[10] shown on the cigarette package, per Indonesian Government Regulation number 109 of 2012. Such warning messages are shown at bottom or top position (also in the case of outdoor advertisements even before 2013), or after the advertisement until the end of 2013.
Such cigarette advertisements are only allowed to air on television channels from 21:30 until 05:00 local time.[12] However, national, Jakarta-based television networks almost always stop airing cigarette advertisements after 03:00 a.m., probably due to its closer time to 05:00 a.m. in eastern Indonesia. Also, local TV stations in Indonesia, such as JTV, Bali TV, and PJTV, rarely air cigarette advertisements.
The latest health regulation (Gov. Regulation No. 28/2024) was passed by President Joko Widodo on 26 July 2024. The regulation prohibits selling or promoting all tobacco products and electronic cigarettes for people under 21 and pregnant women. Additionally, the regulation also outlawed cigarette advertisements on social media networks, and restricts cigarette advertisements on television networks and jumbotrons from 22:00 until 05:00 local time.[13] The tobacco warning must be in the full screen if the advertisement is a motion picture displayed on television and videotrons, or 15% for printed media.[14]
Contents
Early Indonesian cigarette advertisements used to display the cigarette packaging and cigarettes before being prohibited.[15] Currently, advertisements mostly feature motivational messages, social criticisms, and sometimes adventure (as in Djarum Super) as well as animation.
Examples
A Mild advertisements, known by one of their slogans Go Ahead since 2009, feature social criticisms and motivational quotes. Similarly, Djarum 76 advertisements also mostly feature social criticisms, but also include a character named Om Jin (played by Totos Rasiti).[16]Djarum Super and Gudang Garam International advertisements, however, mainly feature action and adventure scenes instead. Sampoerna Hijau (lit. "Green Sampoerna") advertisements feature friendship between the members of the Geng Hijau ("Green Gang").
Some cigarette advertisements had been controversial. A 2015 advertisement of A Mild featured the text Mula-mula malu-malu lama-lama mau "shy at first, later wants (it)" and a still image of an almost-kissing couple, which caused inhabitants of the surrounding area to consider the advertisement as immoral.[17]
Local ban of outdoor advertisements
According to the Ministry of Internal Affairs, the Indonesian Health Act (UU No. 36/2009) advices local governments (mostly municipal-level governments) to establish a Local Regulation regarding "no-cigarette" areas.[18] The definition of "no-cigarette" areas is extended not only to places where people are prohibited from smoking, but also to places where it is prohibited to sell or promote cigarette products.[19]
Currently, there have been a number of attempts to prohibit outdoor cigarette advertisements, including billboards, posters, and banners, by local (mostly second-level) governments.[20] In September 2021, the provincial government of Jakarta banned such advertisements.[21] The regulation is effective since 13 October 2017.[22] Because of this ban, the organizations Kretek Preservation National Committee (KNPK), Kretek Community (Komtek), Tobacco League, including law practitioners and a group of retailers threatened to contest Anies Baswedan, the governor of Jakarta, in the local court.[23]
Bogor city government also outlawed such advertising, effective since 27 May 2015. [24]