By Nasratu Kargbo
The Parliament of Sierra Leone has passed legislation that criminalizes Public smoking and advertising of Tobacco Cigarettes in Sierra Leone; the parliamentarians during the debate on the bill entitled the Tobacco and Nicotine Control Act 2022 expressed strong resolve and willingness to discourage the act of smoking.
Both smoking in public places and advertising of tobacco on different platforms such as electronic, print, etc. have on the 4th August 2022 been considered illegal in Sierra Leone.
Part 4 of the Act which deals with involuntary exposure to smoke or vapour, highlighted several areas where one should not smoke. Section 22(a) of the Act prohibits smoking in places such as court buildings, health institutions, educational institutions, cinemas, entertainment centres, hotels, children’s homes or residential houses, places of worship, markets, and public transport.
Section 22 (b) (i) also prohibits a person from smoking in an outdoor space “within 10 meters of a window, door or air intake mechanism of an enclosed public space, workspace, a waiting area, queue or any other enclosed space that is open to the public”. This indicates that one can smoke or vape 10 meters away from the building in the open air.
Members of Parliament were of the strong belief that banning public smoking will be a way of curtailing the records of persons who die from nicotine-related diseases, and will also reduce the number of perceived smokers.
Acting Leader of Government Business from constituency 082 Bashiru Silikie argued that he is in support of the ban, but said the rights of smokers should also be protected. Contrary to the views of his colleagues, the MP wanted a designated area to be provided in public places where smokers can smoke without offending the law.
He also stated that the economic benefits should be considered.
Mustapha Musa Sellu from constituency 095 was quick to respond, stating that the bill seeks to protect non-smokers. He added that hazards and loss of lives caused by cigarettes are not commensurate to the economic gains it offers.
Parliamentary representative for constituency 038, Sallieu Osman Sesay explained that the expenditure government incurs in providing health services to persons with tobacco-related illnesses is high.
He said he found from research that for every one dollar made from cigarette, three dollars is spent on curing diseases caused by the product. Sesay therefore, stated that the argument of maximizing revenue through the sales of cigarettes is not a strong one.
Mark Mahmoud Kalokoh from constituency 032 stated that over three thousand people die yearly as a result of smoking.
Speaking on the designated areas, he said, the 10 metres off buildings can be considered as designated area, but disapproved the erecting of specific buildings for smokers.
The Deputy Minister of Health and Sanitation Princess Dugba highlighted that there cannot be a designated place for smokers, saying that if an enclosed designated place is provided in the office, the air might escape and enter another person’s office, making that person inhale the smoke.
She noted that designating places will defeat the purpose of the bill.
Section 22(3) of the law as amended says a person contravening the law, will be liable on conviction, to a fine, of not less than 5,000 Leones (new currency), or an imprisonment for six months, or both.
The regulation was also made with regard to the advertising of tobacco products. Section 35(1) states: “A person shall not advertise tobacco, a tobacco product or other nicotine product on electronic, print or other media”.
According to MPs, the objective of the bill is to discourage smoking and advertising. They agreed that advertising is one way of enticing and luring people into smoking.
Section 35(2) on the punishment for advertising says: “A person who contravenes sub-section 1 commits an offence and is liable on conviction to a fine of not less than 10,000 Leones (new currency) or imprisonment for a term not exceeding five years or to both such fine and imprisonment”
Any form of false promotion, testimonials or endorsements, sponsorship, etc. are all offences by law and liable to fines and imprisonment.
Copyright © 2022 Politico Online (05/08/22)
