Ways of banning tobacco advertising in Ukraine

There are several ways to achieve a legislative ban of tobacco advertising:

The first way seems to be the most simple. Unfortunately, as experience from 1996, 2001, and 2003 shows, the parliament committee on mass media (which is responsible for the law on advertising) gives priority to the interests of the advertising industry above all other interests, and this committee is not likely to agree to propose amendments that include a rational ban on tobacco advertising for final consideration. It is possible to try to insist on such amendments during the final reading. Experiences from 1996 and 2001 show that amendments such as the ones for an advertising ban can be accepted. However, these kinds of amendments could leave opportunities for indirect advertising or could have some flaws. With flaws such as these the President of Ukraine, who has the right of veto, could reject the law.

The second way is potentially more successive. In countries where tobacco advertising is forbidden, this legislative provision is included into the law on tobacco and health (for example, in the "Tobacco Control And Health Protection Act" in Poland or the "Act On Measures To Reduce Tobacco-Smoking" in Finland "), but not into the law on advertising. The Health Protection Committee of parliament, which gives more priority to public health, will consider the given law. In this case, the law could be worked out in detail while taking foreign experience and just demands of various interested parties in Ukraine into account. However, there is also the danger this kind of bill could sit for a long time before coming under parliament's consideration. 

The third way is practically impossible. The legislative process in Ukraine has already been settled, and so a bill devoted only to tobacco advertising will inevitably be sent to the Mass Media Committee, where, as in the past, it will be ignored.

Thus, most preferable option is the preparation of the administration bill about tobacco control and the protection of health by providing a rational tobacco advertising ban, not stopping short of attempts to make changes to the law on advertising.

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