Thai uproar presents tobacco control lessons for Malaysia


BESIDES getting the re-tabled Budget 2023 passed, the new unity government is likely to push its legislative agenda. The rakyat will no doubt be eager to see what new laws the current administration seeks to pass.

One major controversy under its predecessor was the Control of Tobacco Products and Smoking Bill, or the so-called “generational endgame” (GEG) clause in it. This would have banned the sale of cigarettes, tobacco and vape products to those born on January 1, 2007 and beyond.

While anti-smoking advocates hailed the proposal, it was also criticised on a number of fronts, including the impact that the GEG would have on civil liberties, as well as the possibility that it would expose minors to abuse at the hands of rogue enforcement agency personnel. Many also took issue with cigarettes being conflated with vaping.

It is unclear but recent developments in our northern neighbour might be of interest to both proponents and opponents of the GEG.

Thailand was recently rocked with a bribery scandal implicating the Taiwanese actress Charlene, which involved, of all things, e-cigarettes. She had posted a TikTok video in January alleging that she and her group of friends were stopped by Thai police for two hours during an early-hour roadblock in Bangkok on January 5.

She further claimed that the police planted a vape device on her while demanding a 27,000 baht (RM3,500) bribe in exchange for her release.

The Bangkok Metropolitan Police Bureau, on the other hand, released CCTV footage showing that Charlene and her friends were held at the checkpoint for only 47 minutes.

Things got murkier when “Sky”, a 29-year-old Singaporean man who was in the same vehicle, told press that he paid the 27,000 baht bribe after being threatened with jail time for carrying e-cigarettes. He claimed the three vaping devices seized by police belonged to him, not the actress.

Massage parlour tycoon and former politician Chuwit Kamolvisit then entered the fracas with a clip of Charlene’s friends bribing the police. Kamolvisit claimed the police had deleted some of the footage to cover up the extortion.

As can be summarised from the above, Thailand has banned the import and sale of e-cigarettes as well as the possession of vaping devices and vape liquids since 2014. The ban was introduced by the Thai government for health reasons and e-cigarettes were seen as the main factor in luring Thai youth into smoking.

Offenders can be fined up to 30,000 baht and sentenced to a maximum of 10 years of imprisonment. The law applies to both Thais and foreigners.

Nonetheless, standard cigarettes are legal in Thailand and contribute a considerable amount of tax revenue for the government.

The incident, naturally, has revived the debate on e-cigarettes in Thailand.

Exiled former Thai prime minister Thaksin Shinawatra has spoken out in favour of legalising e-cigarettes.

He questioned the logic of jailing people for up to seven years over such devices when Thailand has also, ironically, just legalised marijuana, with reports that even children are smoking it now.

Shinawatra added that there is no proof vaping leads to second-hand or passive smokers dying. He added that e-cigarettes only undermine the interests of tobacco companies.

Meanwhile, Kamolvisit recommended that the kingdom’s laws on the import, purchase and sale of e-cigarettes be amended to plug loopholes. Through this, the government will be able to receive revenue from the e-cigarette industry with greater transparency in the system.

Indeed, despite its illegal status in Thailand, e-cigarettes are widely available to the masses. They are explicitly promoted on social media platforms such as LINE, Instagram and online retailers.

A recent Bangkok Post article also reported that e-cigarettes are also being sold around Thai university campuses, having been brought in by students from Malaysia and China for resale.

The Thai experience cannot be easily dismissed even though they are a different country from ours. We are both developing Southeast Asian countries plugged into the global economy and trends.

Loving one’s country does not mean one has to fall into the fallacy that it is in any way exceptional in the face of human nature.

The reality is Malaysia will likely grapple with the same issues of enforcement, abuse and impunity that Thailand faced if it embarks on the GEG.

What would likely be more productive – and, as unpalatable as it may be to admit it, less harmful to people overall – would be to instead regulate vape players.

Authorities should not treat e-cigarettes as contraband but rather a healthier alternative to and means of quitting conventional cigarettes, at the same time benefiting from the additional revenue stream.

It is hoped that the Malaysian government will make well-informed decisions based on scientific evidence and information. – March 6, 2023.

* Salahuddin Mohd Bakar reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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