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Goa rediscovers old law, prohibits liquor advertisements

Sandesh Prabhudesai in Panaji

Liquor may flow like water in Goa, but no liquor company can pour millions of rupees into advertising it any more.

Following a writ petition filed by the Goa Foundation, a non-governmental organisation, before the Goa bench of the Bombay high court, state government officials have suddenly rediscovered a provision in the Goa Excise Act, 1964, which prohibits advertising of liquor.

The act 'prohibits any person from advertising or distributing any advertisement or other matter relating to liquor which solicits the use or or offers any liquor or which is calculated to or is likely to encourage or invite any individual or class or individuals or public to commit a breach of any rule.'

This has resulted in the numerous hoardings all along the highway and border posts, displaying liquor brands for the benefit of 'tired tourists', being either razed or erased overnight, simply to prove the efficiency of the excise department to the high court.

And a notice from the excise commissioner to local newspapers has shut out advertisements to the latter, along with a major chunk of their revenue. While advertising liquor openly had already stopped two years ago, even ads for beer have now disappeared from the newspapers. In fact, two leading English newspapers in the state have assured the court that it would not repeat the crime of advertising liquor again.

But what about newspapers and magazines published outside the state and sold in Goa? "We will send them notices too. No advertisement should go to the people in Goa," says Dr Claude Alvares, who heads the Goa Foundation.

Excise Commissioner J B Singh, however, differs. "How can I restrict their entry to Goa, whether it's Time magazine or a satellite channel?" he asks. Rather than act on a complaint, if filed, he expects the court to guide the government in this regard.

Dr Alvares insists that satellite television channels will not be spared. He is planning to file a separate petition as advised by the high court. News Corp chairman Rupert Murdoch's Star network is his first target.

To justify his action, Dr Alvares cites the Calcutta high court order regarding a cricket tournament, wherein the court had stated that the Indian government has control over the airwaves. However, he will excuse the Internet. "The Internet will not be touched. How can one log in just to read liquor ads?" he asks.

Local newspapers seem unhappy with the developments, "We will lose at least 30 per cent of our regular revenue annually," admits Surendra Kakodkar, advertising manager of the Belgaum-based Tarun Bharat.

For Dr Alvares, it's just the beginning. He has now served notice on the tourism department. This government department organises the famous Goa carnival floats, and the food and cultural festivals at Miramar beach, both major tourist attractions in the coastal state. At the festivals, liquor companies are the major sponsors.

"Doesn't displaying banners or bottles or sponsoring attractive prizes for carnival floats amount to encouraging and inviting people to drink their products?" asks Dr Alvares. The tourism department has pushed the ball into the court of the ruling politicians to take a decision.

The five-day food and cultural fest organised at Miramar beach in November attracts thousands of people who gather every evening to drink, eat and dance till late at night. Liquor and food stalls are put up all around the beach, selling their products.

The Goa Foundation has decided not to spare the dances and beat shows, if they are organised or sponsored by liquor companies.

Goa has over 3,500 distilleries and bottling units, including those for the popular cashew and coconut feni, over 5,000 bars and taverns and around 2,000 wholesale liquor shops. This small state of 1.2 million earns around Rs 380 million through the sale of and excise duties on liquor. Will not the ban affect the state's economy?

"No," say both Dr Alvares and Singh, though liquor is Goa's second highest revenue earner. Their contention might be true because tourists are not lured to Goa by liquor advertisements while the excise duty charged is meagre, unlike the rest of the country.

However, the tourism industry, the highest earner of revenue in Goa, is likely to be hit if the high court stops liquor companies from sponsoring carnival floats, dances and beat shows.