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By Carlos H. Conde
Note: All references to the names of tobacco companies and their brands have been replaced with ******.
In earlier posts and in the comments section of those posts, I’ve outlined my position on the Eraserheads reunion concert scheduled on Aug. 30. I have said countless times that I have no problem with whatever product or company sponsoring the Eheads’ concert, as long as the sponsorship does not deceive people and does not violate the law and its intent.
In this case, however, the buzz has been that ****** is sponsoring the concert and that one can only get a ticket by registering on the so-called “red list” at ****** .
The only problem, of course, is that ****** is not saying it is behind the concert and even the Eraserheads are mum about it. Which is kind of weird — a sponsor of a multimillion-peso event refusing to divulge that it is behind the event?
The reason, of course, is that if ******, or any of the Eheads, divulged that the tobacco company is the sponsor, ******, which makes ******, could run afoul of the law.
Section 26 of Republic Act 9211 (Tobacco Regulation Act) states the following:
Ban on Sponsorships. - Beginning 1 July 2008, cigarette and tobacco companies are hereby prohibited from sponsoring any sport, concert, cultural art or event, as well as individual and team athletes, artists, or performers where such sponsorship shall require or involve the advertisement or promotion of any cigarette or tobacco company, tobacco product or tobacco use, name, logo or trademarks and other words, symbols, designs, colors or other depictions commonly associated with or likely to identify a tobacco product; Provided further, That no manufacturer may register a tobacco brand name as a company name after the passage of this Act
This section seems pretty clear and straightforward. It would seem that the mere mention of ******’s or ******’s name in relation to the reunion concert would constitute an “advertisement” of the company and its products and could, therefore, be illegal.
So what, you may ask, would ****** get out of the concert if it doesn’t even what its name associated with the event? Well, actually, if it is true that the only way to get a ticket to the concert is to register on marlboro.ph, then that might constitute promotion.
Also, the registration at ****** requires that you give your exact address, your email, your contact numbers, among others. ****** can use the information on this database in its direct marketing campaign, which it has been doing in other countries ever since countries banned advertisements and promotions in the mass media.
My beef against the Eraserheads, as I have repeatedly pointed out in the comments section, is that, if indeed ****** is behind the concert, then the group is party to a deception. Not only that, they will be party to a scheme to promote the use of tobacco and in luring younger people to smoke in order to replenish smokers who’ve since died or quit. According to the government, more than 20,000 Filipinos die each year of tobacco-related illnesses.
The organizers of the reunion concert know that the Eraserheads, despite the fact that they’ve disbanded, remain extremely popular (they’re not called the “Filipino Beatles” for nothing), especially among the young. The demographics of the Eraserheads’ audience fits perfectly with the demographics that tobacco companies are targeting in peddling their deadly product. And this market of mostly young people are Internet savvy, which is why tobacco companies are increasingly using the Internet to lure more smokers. Which is why you can only get a concert ticket through the Internet.
I, therefore, dare the Eraserheads: name your sponsors. You owe the public and your fans at least that. If you can’t, and there’s no logical or reasonable reason why you can’t, that would be irrefutable proof of your complicity in this deception. And there goes your legacy. (Carlos H. Conde/pinoypress.net)
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Hebeegat: Hello! Did you close the comments section at http://www.pinoypress.net/2008 /08/09/do-ateneans-own-kati... Suckeronie: This totally sucks! Mary Rhoda Fe: HI, Im rhoda from davao city philippines. I want to study in college and my 4 other sisters and 2... lorraine partosa,md: …then to top it off, you get uber-WEIRD columns like these to rub everything that’s... Matt: the Government should launch massive attack once and for all.. finish all MILF.. nothing should remain Smith: It is a nice post about awareness of AIDS and how we cure the problem of AIDS. Its very helpful article....
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July 30th, 2008 at 3:49 am
better article compared to the 2 earlier posts you’ve made
they will divulge their sponsor one of this days.
and if its really ****** , and if the concert is really happening…
what’s next?
July 30th, 2008 at 9:21 am
If they do divulge, and provides proof, there will be blood (in a manner of speaking that is). I for one commit to joining any group that files the lawsuit and volunteering legal services for it.
July 30th, 2008 at 1:45 pm
uhhww. so may i call you Atty. Luna? strong words for you companero. sana hindi drawing to.
July 30th, 2008 at 2:52 pm
yes y not
July 30th, 2008 at 11:51 pm
kulang yung quote ni conde sa RA 9211 Sec 26. Merong dapat clause doon na “Provided, That the attribution only to the name of the company in the roster of sponsors shall be allowed”. See also http://elibrary.supremecourt.gov.ph/republic_acts.php?doctype=Republic%20Acts&docid=46fbd91d17c37df5ea49b0f7de27439b455a4297c6db8 (pero down ang Supreme Court E-library for the moment as of this writing). heto dapat yung full text:
=================
SEC. 26. Ban on Sponsorships. Beginning 1 July 2008, cigarette and tobacco companies are hereby prohibited from sponsoring any sports, concert, cultural or art event, as well as individual and team athletes, artists or performers where such sponsorship shall require or involve the advertisement or promotion of any cigarette or tobacco company, tobacco product or tobacco use, name, logo or trademarks and other words, symbols, designs, colors or other depictions commonly associated with or likely to identify a tobacco product: Provided, That the attribution only to the name of the company in the roster of sponsors shall be allowed. Provided further, That no manufacturer may register a tobacco brand
name as company name after the passage of this Act.
=================
July 31st, 2008 at 7:48 am
in these versions (DOH, FCAP, LawPhil.net,) and BFAD) of the law, wala yang provided na sinasabi ni perry. pero in the IRR (which can be viewed/downloaded here, PDF), it did say something about allowing the tobacco company’s company name (but not the brand) in the roster of sponsors. In the case of ****** , which makes ****** , it’s a problem because the company name itself is a brand, which is why it cannot use it in this concert.
July 31st, 2008 at 2:25 pm
i believe ******’s legal dept. had studied all angles already so they won’t break any laws. also i believe upon signing up on the website you also have to be 18 y.o. and submit to yourself to their “terms and conditions” where i believe - “all (legal or illegal) rights will be waived”.
i also doubt it if all e-heads members are smokers, they are just up for the “opportunity” you know.
August 1st, 2008 at 4:54 am
wala na namang magawa si famous caloy conde. funny man.
hi-bert, i agree with you. hindi naman bobo ang ***** para hindi pagaralan kung pano nila lulusutan to.
as for the eheads, they CAN’T name their sponsors (yet) kasi nasa kontrata nila yun malamang. logical enough.
and besides, i doubt papatulan nila ang dare na to. and if the time comes they do name their sponsors, i also doubt it’s because of this dare. i’m not even sure if they have read this article.
oops i forgot, sikat nga pala si caloy conde. malamang they have and malamang they also think you’re a funny man, aside from being famous.
August 1st, 2008 at 8:25 am
mkbm, i doubt rin na papatulan ng eheads ang dare na to. sabi nga ni jim ayson, contracts have been signed and the eheads won’t risk a lawsuit.
pero ikaw ngayon ang i-dare ko. are you willing to stipulate here that:
1) smoking is bad and dangerous, that it contributes greatly to diseases such as the heart attack that nearly killed ely buendia
2) advertising and promotions (including concert sponsorship) by tobacco companies of their products encourage smoking
3) ***** is exploiting the popularity of the eheads to peddle its product
4) by doing this concert which is sponsored by a tobacco company, the eheads, too, are encouraging people to smoke
5)by encouraging people to smoke, the eheads are contributing, albeit indirectly, to a worsening pandemic that is killings 20,000 filipinos a year, thousands more in the developing world, and sapping resources from our already poor public health system?
i dare YOU to state here that these statements are correct. if you can’t, well…
August 1st, 2008 at 8:38 pm
okay then. ALL OF THE ABOVE STATEMENTS ARE CORRECT.
i feel honored to be dared by someone famous like you. so thanks.
and i repeat, tama ka sa lahat ng sinabi mo sa taas. i agree with everything you pointed out.
it’s easy to agree with you, really. hardly a dare. because what you presented here are facts, no one can change anything. wala naman pati akong sinabi na mabuti ang smoking.
yung number 4 lang…totoo pa rin, pero naalala ko bigla yung alapaap issue with former sen. tito sotto. ang difference lang, may deal involved ngayon in promoting smoking compared to the song na nagpro-promote (daw) ng use of illegal drugs.
did you like alapaap, sir caloy?
did you let tito sotto affect you kahit na ba sabihin nating posibleng tama nga sya?
different issues, yes. smoking to, drugs yung isa. concert to, kanta lang yung isa. pero parehong nagpro-promote ng bisyo. kaya ko naalala tong past issue na to.
as i said, nagagago lang ang mga nagpapagago.
peace.
August 1st, 2008 at 8:50 pm
pare, malinaw ang case ng alapaap. si sotto, interpretasyon niya lang yon na ang alapaap ay about drug use. and he made a big stink out of it.
in this case, ***** is circumventing the law on tobacco promotions. malinaw yan. di iyan interpretasyon. malinaw din na ini-explot ng ***** ang eheads to circumvent this law.
August 1st, 2008 at 8:52 pm
as for the nagpapagago part, alam kong hindi ikaw yun. in fact, you’d be that last person para magago by ******.
pero i guess we just have to have faith on people na hindi sila magpapagago at the same time, have fun.
pwedeng sabihin mo, malamang isa ko sa mga magpapagago kasi susuportahan ko tong event ng ******. paano ako nagago kung di naman ako nagyoyosi at wala akong balak magyosi before, during, or after the concert? by making them believe through their registration process that i smoke, sino ang nagago? as for my personal details, what could be the worst thing they could do that could affect my everyday life? unwanted emails and sms? i could even remove myself from the list whenever i want (pero shempre after i get the aug 30 invites)!
and i’m sure, madami ding gaya kong kunwari lang nagyoyosi (pero walang balak magyosi), makakuha lang ng invites.
let’s just accept the fact that advertising is evil* (except maybe for advocacy campaigns), yosi man o hinde.
August 1st, 2008 at 8:55 pm
oshasha. interpretation man o hindi, it’s how you deal with it. i’m talking about the AFTER effects. kung “sasakay” ka ba o hinde.
as for *****’s case, kung magyoyosi ba ako o hindi. eh kaso hindi. at di naman ako siguro nagiisa.
peace ulit.
August 1st, 2008 at 8:59 pm
for you, mkbm, to blithely state na di ka nagagago dahil di ka naman nagyoyosi runs counter to the evidence gathered by experts the world over on the impact of promotions on smoking. for your own good, read this.
and for you to say na wala namang mawawala sa iyo when you gave up your personal details sa site ng **** — either you are hopelessly naive or hopelessly misinformed. at the very least, you are allowing ***** to continue with its ways. and unfortunately, not all people are as smart as you are.
August 1st, 2008 at 9:02 pm
by the way, i did not say advertising is evil. that is not a fact, contrary to what you wrote. what i said was tobacco companies can be quite evil in promoting their products and in subverting the law and public interest.
truthful advertising is good.
nga pala, at least ina-asterisk mo rin ang *****. at least on this part, magkasundo tayo.
August 1st, 2008 at 9:07 pm
the hell with *****! look, we’re (sort of) on the same side when it comes to smoking and what these tobacco companies do to promote smoking. i maybe naive or misinformed, i admit. i may not know a lot of FACTS. i may not be as smart as you are.
but in the end, it’s enough that i know myself, and that i know how to deal with this.
maiba tayo, have you noticed, tayo na lang ang naguusap dito? or baka nag-break lang yung iba.
August 1st, 2008 at 9:11 pm
btw, yung tungkol sa advertising, it sort of became a fact na for me kasi yan ang tinanim sa mga utak namin ng mga professors namin. i know, di lahat maga-agree pero siguro they would kung maging prof nila mga naging prof namin. at tsaka nga pala, di naman nila directly sinabi na “advertising is evil.” o teka. di away to. just sharing.
ang layo na ata nito.
August 1st, 2008 at 9:15 pm
and i’m thankful, mkbm, that you know yourself enough to know how to deal with this. but the thing is, i don’t think we can say the same thing about other eheads fans and other young people out there. hindi naman ito holier-than-thou position (which is, by the way, a non sequitur in a debate like this but often the first to be invoked by those who cannot hold decent arguments against the opposing side). i’m also not saying na mas magaling tayo, na mas matalino or that meron tayong messiahnic complex. it’s just that for something as serious as a public health issue like smoking and the cirvumvention of the law by a huge multinational company, we have no choice but discuss openly and hope that, in the process, people appreciate the points that we make. admittedly, we sometimes become emotional (ma-drama, sabi ng iba) and i admit i can be, but if we don’t appeal to the good sense of people, then what are we but doomed?
August 1st, 2008 at 9:27 pm
it depends. if you’d like to believe you’re doomed, then you are. not me.
but in general, i agree with the facts that you presented. as i said, facts na yan. di na mababago. sa emotions nga lang siguro tayo nagkaiba.
i may seem too self-centered to think na “a basta ako alam ko kung anong gusto ko, etc.” pero may ganung dating man, alam ko kasing di ako nagiisa. di man applicable for everybody pero it’s a relief to think that there are still a lot of people out there who are able to make the right choices, to believe in the right things.
like what i said, having faith on other people is not a bad thing. we just have to be more positive sometimes. no. all the time, actually.
as for ******, they may be evil but they’re smart too. i won’t be surprised kung malampasan nila to ng walang ka-aberya-aberya. reality bites.
August 1st, 2008 at 9:37 pm
your faith in other people “to make the right choices, to believe in the right things” is admirable, mkbm. i just hope that other people will see it the same way you do. keep in mind that there’s a reason why tobacco companies are some of the most profitable companies in the world. and there’s a reason, too, why it took governments decades to realize the damage these companies are creating on the human race. they are relentless. they are extremely rich and powerful. and they will do everything they can to get you to take that cigarette and light it up. i don’t want to sound pessimistic but they’ve destroyed long ago — through relentless and expensive advertising and promotion — the capacity of millions of people “to make the right choices.”
the tragic part is, they’re still doing it.
August 1st, 2008 at 10:01 pm
i agree. sad but true. as for me, taking that cigarette and lighting it up? i already did. it was college. dorm days. you get the drift. typical curious teen. took just three puffs. never liked the taste. i guess i’m lucky. all i can do now is hope for the others, especially the curious tobacco virgins.
but despite all this tragic reality, i’d still go to the concert, i’m afraid. it may seem i’m supporting ***** but i’d be there, not for them but for the promo boys. i’d be the promo boys’ promo person. but just them, not their sponsor. no emotions here. just sharing.
the eheads are indirectly promoting *****. i’m indirectly supporting ******. but the truth is, the eheads are there for the money (for their kids’ future), i’m there for the fun.
“drums, not drama” –raymund marasigan
August 1st, 2008 at 10:07 pm
if you’re comfortable with that choice, mkbm, then who am i to judge you, right? enjoy the concert!
August 1st, 2008 at 11:26 pm
wel ang masasabi ko nlng d2, khit d magpromote ang cigarette company, hanggat may nkikita ang mga kids na umuusok na bunganga may maakit parin cguro.. cguro guidance nlng tlga sa non smokers, lalo n sa mga kids.. d ko alam kung anu satisfaction sa yosi kya d ko masasabi n dapat itong totali ipagbwal.
August 2nd, 2008 at 12:39 am
mkbm, hinay hinay lang. trust me its not worth it.
whatever that means.
mkbm gumagamit ka ba ng ibang nickname?
sana hindi. coz u sound like me.
someone here may think so.
debating here is pointless.
peace
August 2nd, 2008 at 10:23 am
paranoid schizst: actually, pointless lang isang debate para sa isang tao na wala ng masabi.
relax, man. nagdi-discuss lang naman tayo dito e. if you feel strongly that the concert should push through under the present circumstances, let’s hear what you have to say. malay mo, makumbinsi mo ako at bigla kong burahin itong post na to. kumbinsihan lang naman ‘to e. ‘tamo si mkbm, nakumbinsi ko na tama yong mga statements na nilagay ko regarding smoking. but did i tell him not to watch the concert? of course not. sabi ko pa nga, mag-enjoy sya! choice nya yon e. choice ko rin na sabihin ang posisyon ko sa issue na to. siyempre, di lahat nag-a-agree (understatement of the year haha!) pero choice ko pa rin na maging makulit. (in the first place, blog ko ‘to
)
aaminin ko na baka maiinggit ako sa inyo pag napanood niyo yong concert. pero that’s something i will have to live with.
finally, di ko naman sinasabi na huwag kayong manood. ang ginawa ko lang naman ay outline my thoughts about what’s happening and why i think it sucks.
peace, indeed!
August 2nd, 2008 at 5:02 pm
i know the adverse effects of cigarettes.trust me.i understand what you are imprinting on our minds. and amidst the chaos that the fans are weaving on this thread of yours, i also have their sympathy. i know a lot of people knowledgeable of the effects of smoking, still they succumb to the taste of the cigar. why? primarily cigar has nicotine and produce a cholinergic effect, that is why ur attentive pag nakayosi,nagyoyosi mga tao post prandial. bakit? because it promotes gastric emptying. of course,pag chronic ka ng smoker, ibang usapan na yun. so ibig sabihin alam ng tao, na NAKAKAMATAY ang yosi. pero bakit ngyoyosi pa rin sila?
masarap daw.it brings pleasure. na aasimilate as a behavior, nakakasanayan. so bakit aatend ang fans ng eheads sa concert na ito kahit alam naman natin na promo boys sila, at alam natin pakana lang ito ng isang kompanya ng NAKAKAMATAY na sigarilyo? SAGOT: PLEASURE. kahit na alam nating ginagago tayo? oo me gagong masarap. tingnan mo na lang ung dominatrix. me bawal na masarap. pag hypertensive ka tapos andyan ung balat ng lechon.gusto mong kumurot. kahit na alam nating ginagamit sila ng isang takaw salapi na kompanya.? me masarap na minsan di ka na nagiisip. kaya nga talamak ang teenage pregnancies, statutory rape, pamimikot, polygamy, etc.
so wats ur point? ang point ko….
kung gusto ng madlang people. walang makakapigil. hindi matitibag. maliban na lang kung ikaw ung tao na sampung taon na nasa upuan.kung ayaw ng tao edi ayaw. tulad mo.
tapos magrereply ka, debunking me. then i reply to you. then you reply to me.reply reply then replay.
so its pointless. alam na ng tao ang effects ng smoking.tingnan mo pakete ng cigar ang laki laki ng warning. IT CAN KILL.pero dami pa ring bumibili.kahit siguro lagyan mo pa ng pix yan.dame pa rin bibili. anyway ung pix na un e hindi lahat makikita sa smokers.
we are just creating a buzz for this concert, for that company, and more hits for you.
pero pareng caloy. ok ka rin. huhupa din ang mga reaksyon at babalik tayo sa ating mga normal na buhay.
di ko ginagamit ang tunay kong pangalan pero me theme ung mga nick na pinipili ko.tulad ng ginamit ko. bakit?naging sikat din ako tulad mo.pribado ang pamumuhay ko. ayoko ng gulo.
hindi ako c mkbm.cno ba nagsbi na ako un?wala.
adios.
mabuhay ang mga pilipino.
August 2nd, 2008 at 7:28 pm
supraventricular tachycardia, agree naman ako sa mga points mo. pero sasagutin ko lang tong assertion mo na ‘to:
“bakit aatend ang fans ng eheads sa concert na ito kahit alam naman natin na promo boys sila, at alam natin pakana lang ito ng isang kompanya ng NAKAKAMATAY na sigarilyo? SAGOT: PLEASURE. kahit na alam nating ginagago tayo? oo me gagong masarap. tingnan mo na lang ung dominatrix. me bawal na masarap. pag hypertensive ka tapos andyan ung balat ng lechon.gusto mong kumurot. kahit na alam nating ginagamit sila ng isang takaw salapi na kompanya.? me masarap na minsan di ka na nagiisip.”
ang kaibahan ng bisyo-related pleasure na sinasabi mo ay ito: ang napapahamak ay ang taong gumagawa nito. kung may high blood ka at kukurot ka ng balat ng lechon, you’re risking only yourself.
in the case of ***** and eheads, what they are doing is they’re harming not themselves but other people — mostly young people — who are being cajoled, pressured, whatever into smoking. indeed, they are profiting from the misery of others.
again, kung ang maapektuhan lang ng sinful pleasure mo ay ikaw, walang problema. buhay mo yan. pero kung maraming tao na, na marami dyan ay walang muwang, ibang usapan na yan. dito pumapasok ang punto ko na social responsibility ng eheads.
August 2nd, 2008 at 9:57 pm
social responsibility for the smokers, sa mga tao sa paligid nila. isang pleasure sa sarili na maaaring nakakagago sa iba
sa mga tsuper na nainigarilyo, sa mga tatay at nanay na naninigarilyo ung iba ang kapal ng muka naninigarilyo ng buntis, sa mga taong tapos na manigarilyo, at mangangamoy, mga estudyanteng naninigarilyo sa campus, ganun kasi sa ko(ayan di ko binanggit ang college ko, ewan ko lang ngaun kung nabago na), they are harming their bodies and everyone around them.
social responsibility for the eheads vs. money (root of all evil, and success, ang makapagpapatubo ng binhi ng pamilya at henerasyon, papel na makakabili ng edukasyon, security at minsan prinsipyo)
social responsibilty for the fans vs. last chance to see their band.
to cut it short.,. knowing how machiavelli lives deep in red blood cells,
**** the people around me, eh sa gusto ko magyosi (pero ung iba pwede naman pakiusapan),
**** it, ung pera na lang, si B1 nga tumanggap ng suhol, si B2 nga govt official nangungurakot, etong pagbabanda legal na trabaho (considering legal din ang concert), money and a chance to have a glamorous ending to this eheads circus life
**** it, pupunta ko….asan ticket?
so where is social responsibility? for me, its just a facade. maaaring meron ka nian ngaun, bukas wala na, maaaring andyan ulit, uy, pera, kelangan ko ngaun eh, wala na ule.
nung pinapanganak pa lang ang republika ng pinas, ung isa ngang heneral, nagpapatay ng isang kalahi nia dahil sa puwesto. asan dun ang social responsibility mga pare ko?
at ngayon di pa rin alam kung bat tayo nandito
pwede bang itigil muna ang pag ikot ng mundo.- ely
wala na.wala ng kape-marcus adoro
August 2nd, 2008 at 10:12 pm
nakamamangha minsan ang abilidad natin na sapilitang i-justify at i-rationalize ang mga bagay tulad nito. and for what? for a chance to see four guys perform onstage. this reminds me of the oft-repeated statement being made here: “it’s just a concert, bok. why so serious?” well, if it’s just a concert, why are we so willing to look the other way? if it’s not that important, why are we so willing to compromise?
August 2nd, 2008 at 11:14 pm
“well, if it’s just a concert, why are we so willing to look the other way? if it’s not that important, why are we so willing to compromise?”
because in the eyes of the madla, its THE concert. this concert is one of those concerts, one cannot miss (at least for an eheads fan)
August 3rd, 2008 at 6:49 am
fine, people. i guess we’ve all made our points.
pero, again, i renew my challenge to the eheads: divulge your sponsors. if you can’t, that can only mean that you are a willing partner to this deception, na kasabwat kayo sa pagpapalala ng public-health crisis na dulot ng paninigarilyo.
to all the commenters, it’s been a wonderful exchange.