Why & How

The need for amendment of a
tobacco control legislation
National tobacco control legislation in many
countries has gaps and a majority are not fully
compatible with the provisions of the WHO FCTC.
Amendments help review the legislation and make
the necessary changes.

The need for amendment of a
tobacco control legislation
Any legislation will need to be updated
periodically for a number of reasons, including:
The need to close unintended loopholes;
The need for improvements based on continuous evaluation of
the law’s effectiveness;
New scientific evidence and consensus about effective
measures; and
Advances in public support or political will that make it
possible to enact stronger measures.

Key areas to be covered in the
amendment of a tobacco control
legislation
Protection from exposure to tobacco smoke (Article 8)
Regulation of the contents of tobacco products (Article 9)
Regulation of tobacco product disclosures ( Article 9)
Packaging and labeling of tobacco product (Article 11)
Advertising, promotion and sponsorship of tobacco product
(Article 13)
Illicit trade in tobacco products (Article 15)
Sale to and by minors (Article 16)
Provision of support for economically viable alternatives
(Article 17)

The process of amendment
Formation of an organizational mechanism (e.g. an inter-
ministerial committee/ parliamentary committee ) to determine
the need for periodic review of the legislation.
Monitor the litigations and the tobacco control prosecution for
necessary corrective action
Involvement of other anti-tobacco stakeholders, including
NGOs, civil society , universities, health organizations,
professional associations, international experts in specialized
aspects of tobacco control, or others familiar with laws in other
countries that may serve as models for the legislation.
Involvement of the Ministry of Law and Justice.
Dialogue among stakeholders both within and outside public
agencies

The process of amendment
Formation of an organizational mechanism for monitoring
the enforcement of the amended legislation.
Placing the amendments to the Parliament for adoption.
The periodic review of the legislation should
take into account, the following:
Conformity with the provisions of the WHO FCTC
(Framework Convention on Tobacco Control )
The progress of implementation of the tobacco control
program and
The emerging developments in tobacco control.

The process of amendment
Ministry of Health should take the lead for
subsequent actions for bringing the changes
in the legislation through necessary
amendments.
It is important to create a partnership
between public health personnel and
legislators to ensure that the amendment is
both effective for health and legally correct,
as well as acts as a measure that will involve
a broad spectrum of participants to build
consensus and support.

Adoption & Adaptation
Adoption and enactment of a tobacco
control legislation after amendment
can be better achieved through:
Advocacy plan
Communication with legislators
Mobilizing supporters
Engaging the public
A coherent communication strategy

conclusion…
In conclusion….
Amendment of a legislation, just like the drafting
of a legislation, must address the social, cultural,
economic, educational and health dimensions of
the country.
Amendment also should be guided by principles of
clarity, simplicity, consistency, familiarity and
flexibility.
Model tobacco control legislation and assistance
from experts, both local and international, can also
ease the amendment process, because they can
provide a carefully constructed model that can
serve as an example and a starting point.

Thank You
Hemant Goswami
info@burningbrain.org
+91-172-5165555