Hungary introduces a total ban on tobacco advertising.

Although comprehensive tobacco control policy has yet to be adopted in Hungary, a legal framework for tobacco control is in place. The most important regulations on tobacco issues include: the 1997 Act on Advertising, amended by the 2001 Act on Advertising; the Act on the Protection of Non-Smokers and Some Rules of Consumption and Trade of Tobacco Products (smoke-free environments, rules of purchasing tobacco products, minimum age for purchase and smoking), in force since November 1999; and the 36/1996 Interministerial Decree on packaging, warning labels and harmful substance content of cigarettes. On 19 December 2000 Hungarian tobacco control advocates achieved a glorious victory over the tobacco industry when the Hungarian Parliament voted for an amendment of the 1997 Act on Advertising, which only forbade “tobacco advertising targeted at children and youth”, billboards located within 200 m from educational or health establishments, and screening of tobacco ads before 8 pm in cinemas. The amendment introduced a total ban on direct and indirect advertising for tobacco products to take effect by 1 July 2001 for print media and by 1 January 2002 for outdoor posters and billboards. Despite the general jubilation of tobacco control advocates, this success must not be taken as anything more than a victory in a very important battle, with few doubting that the war still continues. The tobacco industry’s disappointment and frustration over events it was unable to influence will force it to dig new tactics from deep inside its international post-ban kitbag to challenge and circumvent the newly introduced measure. Zsolt Jamniczky, PR manager of Reemtsma, the third biggest tobacco company in Hungary, blubbed: “The Parliament accepted this bill and we have to adjust ourselves to it, but we are not happy. The timing is not very good.” The “timing” he referred to was undoubtedly the rude interruption in the industry’s marketing success which saw smoking prevalence in Hungary increase by 25% among secondary school students between 1995-99, with women’s smoking rising by more than one third between 1986 and 2000. 6 This total ban simply restored the 1978 decree of the Ministry of Internal Affairs which also banned all forms of tobacco advertising. The fall of the Berlin Wall and the transition to the market economy offered an excellent opportunity for transnational tobacco companies to jump on the free marketing bandwagon and invade the new market. The new investors immediately recognised the ad ban would severely hamper their ability to attract new consumers. The industry which had told journalists how important “conformance to laws” is for them, disregarded and violated the 1978 regulation as this Philip Morris document clearly states: “ . . .competition has taken a very liberal approach in interpreting the law and has conducted massive billboard and similar campaigns . . . some of our marketing activities have been investigated and resulted in a $200,000 fine.” Nonetheless, they were eager to change this situation: “In Hungary, we will seek through direct lobbying and action with third party allies to amend obsolete tobacco advertising legislation...” And they were successful in doing so. The tobacco and advertising industry, with the help of some servile representatives of the then ruling socialist government, succeeded in hastening the birth of the very liberal Act on Advertising in 1997. Young Democrats—now governing in Hungary—championed a stricter act but they were defeated by the ruling socialist party which had had many visible and invisible links to the tobacco manufacturers. The socialist government also tried to delay parliamentary debate of a bill aimed at protecting the rights of non-smokers, while tobacco control advocates and the then health minister, also a socialist, strongly lobbied for the bill. When the government was led by a chain smoker prime minister, who believed “smoking is a question of strength of will . . . nowadays, when smokers are really pursued you need more will-power to keep yourself to it”, it was little wonder that his government did not find itself “committed enough” to harm the tobacco industry. The adoption of this very liberal law, which allowed tobacco advertising in press, cinemas, theatres and on outdoor posters (figs 1, 2, and 3), resulted in the spread of campaigns often targeted at women (fig 1) and youth. Cigarettes were promoted as “friends in everyday life” (fig 2). This situation, along with the introduction of a new European Union (EU) Directive (EC 98/43) on tobacco advertising and sponsorship, energised Hungarian tobacco control advocates. Mr Lajos Pákozdi, an elder statesman in the fight against tobacco, took the lead by approaching the Hungarian Court of Constitution. He argued that tobacco advertising severely endangered the right to health of Hungarians and encouraged children to take up smoking. The court’s verdict in November 2000 was ambiguous: on the one part it stated that “with the promulgation of the already in force regulation on tobacco advertisements the government acquitted its duty in protecting life and health. A total ban in tobacco advertising cannot be deduced from the Hungarian . . . . . . . . . . . . . . . . . . . . . . . T Szilágyi Health 21 Hungarian Foundation; http://health21.hungary. globalink.org