"Liquor ad" crackdown must be fair

A restaurant owner was recently fined for having some “illegal” photos of alcoholic drinks on the menu. It was an oversight on his part, but the legal action just confirms how awkward law enforcement is in Thailand, and probably in many other countries, regarding cigarettes and liquor. To begin with, he’s not fined for selling the drinks, but for advertising them. That’s really strange, if we really think about it.

It has been the way things are for quite some time. People can produce and sell cigarettes and liquor but they are not allowed to advertise them. The logic is a compromise between the two big and powerful industries and health policies of the state. Throw in the issue of “human rights” and it gets even more complicated. Smokers have had to bear with scary photos and warnings on the cigarette packs, which make all of us wonder why cigarettes are not banned for good if they are that bad. Feel-good commercials, promoting friendship, caring and social responsibility, are now a big part of the liquor industry, with quickly-shown warnings that alcohol could practically ruin all that the commercials seek to the promote.

So, is liquor good at promoting friendship and socialising or is it a big threat to relationship and the human ability to socialise? It has to be one way or the other. Some may argue that an appropriate amount of liquor consumption can be a “social lubricant” but the truth remains that for every “responsible” drinker there can be a few more who find it hard to “hold it” once the first glass is emptied.

The crackdown on the menu photos has drawn more questions than it answers. As a person posted on a popular web-board, drinkers won’t care if there are photos in the menu because they will order their beer, wine, or whisky anyway, whereas non-drinkers can’t be tempted by pictures in the menu and they will always have a glass of water no matter what. Another person asks what’s wrong with a restaurant putting photos in the menu to “inform” – not “advertise” – the customers about what it sells. This second post, however, can be argued against, as writing down names and prices (probably in other languages as well) would be enough to “inform” the customers.

A resounding question has to do with how such a tough action against alcoholic advertising can be non-selective and fair. Many people take one look at Thai law enforcement and the justice system and conclude that there is no conceivable way to enforce such a law in a just manner. And if photos in the menu can lead to fines of hundreds of thousands of baht or more, will it encourage more bribery and corruption? In other words, some laws may be good on paper, but whether they will become truly noble, enforcement will be the key.

Thailand is far from being the most drunken nation, and its anti-smoking activities are often lauded. We have had some much-deplored legal measures to thank for that. However, with the country being a major tourist destination, some tough laws are bound to be abused or criticised for unfair enforcement. The authorities have drawn praise from some corners regarding the menu photos, but the criticism is based on true experiences and observation. It’s up to the authorities to turn criticism into acceptance, and there is only one way for tough laws or measures to be generally accepted. 

They must be applied against everybody without any exception, that is.