THE Control of Smoking Products for Public Health Bill 2023 was passed during its third reading in Dewan Rakyat on 30 November 2023. The bill sailed through a majority voice vote called by Speaker Johari Abdul, riding over criticism from backbenchers and opposition MPs with the bulk of discontent focussed on the omission of the Generational End Game (GEG) policy initiated by the previous government.

In her winding-up speech, Health Minister Dr Zaliha Mustafa said the removal of the GEG provision was collectively decided by the government. Referring to the views of the Attorney General’s Chambers, Zaliha reiterated that there is an issue with inequality and discrimination regarding the GEG policy as it would treat those before January 1, 2007 differently than those born after that date. 

The passage of the bill means that Malaysia now has a standalone law to close the loopholes in existing legislation to regulate the use of smoking products. However, the decision to put aside smoking and vaping generational endgame provisions is highly disappointing. 

The decision taken might send a wrong signal about the government’s commitment to eradicate smoking and vaping addictions in society, especially among youth. Though GEG might be considered again in future, there is no certainty about it. To seriously deal with the issue, this step must be taken now. 

The GEG policy was emphasised under the Control of Tobacco Product and Smoking Bill 2022, which was proposed by the previous government. The bill was touted as a once-in-a-lifetime game changer as it sought to not only better regulate items such as electronic cigarettes or vape, but also to introduce a generational endgame policy. 

The rationale for any tobacco and smoking control measure is to ultimately reduce smoking and the addiction to it within our society. The GEG was designed to reduce the number of individuals who could start smoking. 

Initially, the proposed bill stated that those born in 2005 onwards would be prohibited from smoking, buying, and possessing any type of smoking products – including electronic cigarettes or vape products – even after reaching the age of 18. The restrictions also applied to shopkeepers and cigarette vendors who would be prohibited from selling these products to individuals covered by the ban. 

Following discussions with various relevant stakeholders, it was finally decided that the GEG would be delayed and would apply to those born from 2007 onwards. This was to ensure sufficient education and enforcement were in place to make sure GEG could be implemented successfully once it was gazetted.  

It is a well-known fact that cigarette smoke pollutes the air but also endangers those who breathe it in. According to the study conducted by the World Health Organization, there is no safe level of exposure to tobacco smoke. It has been proven to cause heart disease, cancer, and many other serious diseases. The use of vape has its negative effects as well.  

Due to these reasons, proactive steps must be continuously taken by the government to protect lives. Between the right to have clean air and a healthy environment and the right of smokers to smoke, the former should prevail.  

There is no written right given to smokers either under the Federal Constitution or under the Universal Declaration of Human Rights. As such, smokers cannot argue that their rights are being infringed upon. The same goes for vapers.  

In Malaysia, smoking is prohibited in specified public places and workplaces listed in the regulations including workplaces with centralised air-conditioning, health facilities, and indoor stadiums. The country has even enforced a smoking ban in all eateries.  

More needs to be done to put an end to smoking addiction, especially among youth. That is why we need the GEG provisions to strengthen existing laws. The standalone law to close the loopholes in existing legislation is meaningless without it. If the provisions are said to go against the Federal Constitution, steps must be taken to amend the Federal Constitution to ensure the provisions can be implemented. – December 7, 2023. 

* Muzaffar Syah Mallow 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.