Are Smoking Breaks Unfair?

I like to be rude and glance at newspapers when other people are reading them near me on public transportation. In Europe one of the newspapers had an article about how some town or something was thinking about implementing a policy that would force smokers to clock out when they take a smoking brake so that they are not getting paid for taking breaks that other employees are not taking. Those who disagreed with it said that it's not fair because those who don't smoke waste company time too by surfing the web, chatting on the phone, or reading the news. I am unsure exactly what the policy is in our country concerning smoking breaks, but I do know there are all kinds of  other issues surrounding smoking in this country. I have been told that a lot of people start smoking when they enter the military because then they get more breaks. I am not sure how true that is but to me it rings of some truth. Or there is the controversial company I saw in a special on t.v. who enacted a policy that wouldn't allow smokers to work at their company because of their health insurance costs. Now what about peoples rights. Anybody has the right to smoke. But do they have the right to harm someone else through second hand smoke? Is it okay to ban smoking in public areas?

I find smoking policies to be interesting social issues.  I highly doubt that smokers only take smoking breaks. If they also surf the web, talk on their phone, and read the news, technically they are still wasting  more company time. So I guess what I am trying to say is that I am all for making them clock out. On the other issues I tend to have mixed feelings but they usually sway heavily towards the anti smoking polices. But maybe I am a bit prejudice since I hate smoking. It smells, is nasty, and it's so unattractive. Thus half of Europe is highly unattractive.

Do you have any thoughts on this?