LANGUAGE
Last updated: September 17th 2019

Regulated Forms of Advertising, Promotion and Sponsorship

Domestic TV and radio (including all broadcast media such as satellite and cable)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Therefore, tobacco advertising via domestic TV and radio is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio.

Domestic newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Therefore, tobacco advertising in printed media such as newspapers and magazines is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines.

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Therefore, tobacco advertising is prohibited in all domestic print media, including pamphlets, leaflets, flyers, posters, and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic print media like pamphlets, leaflets, flyers, posters, and signs.

International TV and radio (including all broadcast media such as satellite and cable)

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. This prohibition applies to radio and television transmissions originating outside of Botswana only if: (a) the principal purpose of the advertisement is to promote the use of tobacco or tobacco products, (b) the TV or radio broadcast is intended for distribution or exhibition primarily in Botswana, or (c) if the advertisement is targeted primarily at a Botswana audience. If the advertisement does not fall into one of these categories, the tobacco advertisement is not prohibited. Therefore, the regulatory status “Some Restrictions” is given.

Because the law restricts the transmission of radio and television broadcasts that contain tobacco advertising, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all cross-border tobacco advertising and promotion via TV and radio.

International newspapers and magazines

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. This prohibition applies to newspapers and magazines originating outside of Botswana only if: (a) the principal purpose of the advertisement is to promote the use of tobacco or tobacco products, (b) the newspaper or magazine is intended for sale or distribution primarily in Botswana, or (c) if the advertisement is targeted primarily at a Botswana audience. If the advertisement does not fall into one of these categories, the tobacco advertisement is not prohibited. Therefore, the regulatory status “Some Restrictions” is given.

Because the law restricts the transmission of international newspapers and magazines that contain tobacco advertising, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all cross-border tobacco advertising and promotion via newspapers and magazines.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Internet communications (not sales)

Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. This is interpreted as prohibiting all tobacco advertising via the internet.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising via the internet.

Internet tobacco product sales

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law does not address tobacco product sales via the internet. Therefore, the law is interpreted as allowing such sales. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet sales of tobacco products as such sales inherently involve tobacco advertising and promotion, as stated in FCTC Art. 13 Guidelines paras. 18-19.

Outdoor advertising (e.g., billboards, posters)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Therefore, the law prohibits outdoor advertising on billboards and posters.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising.

Point of sale advertising/promotion

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Point of sale advertising/promotion (other than product displays)

Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. The definition of “tobacco advertisement” is broad and specifically includes any media used to notify the availability of, or promote the sale of any tobacco or tobacco product. This is interpreted as including point of sale tobacco advertising. Therefore, all point of sale advertising is banned. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion of tobacco products.

Point of sale product display

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. The definition of “tobacco advertisement” is broad and specifically includes any media, design or device used to notify the availability of, or promote the sale of any tobacco or tobacco product. However, it is not clear whether the display of tobacco products would be considered an “advertisement” under this definition. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically prohibit the display of tobacco products at the point of sale.

Vending machines

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law allows the sale of tobacco products by vending machines. To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should clearly prohibit vending machine sales of tobacco products as an inherent form of tobacco advertising and promotion, as provided in FCTC Art. 13 Guidelines para. 14.

Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana, which is interpreted to include conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail.

Telephone and cellular phone

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Given the broad definition of “tobacco advertisement” to include spoken words and any “other pictorial representation, design or device used to encourage the use of or notify the availability of” tobacco products, the law is interpreted as prohibiting tobacco advertising via telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising via telephone and cellular phone.

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles and equipment, or other physical structures (brand marking on physical structures, other than on tobacco product packaging and labeling and print material)

Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. “Tobacco advertisement” is defined broadly as any “words…or other pictorial representation, design or device used to encourage the use of or notify the availability of” tobacco products. This is interpreted as including all brand marking.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising via brand marking.

Free distribution of tobacco products

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Although the definition of “tobacco advertisement” is broad, it encompasses only commercial communications and recommendations and not certain promotional “actions.” As a result, it is unlikely that the free distribution of tobacco products falls within the advertising ban. The law does ban, however, giving any individual under the age of 18 any tobacco product.

The law meets FCTC Art. 16 with respect to free distribution of tobacco products to minors. However, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all free distribution of tobacco products.

Law Source, Section

Promotions with a tobacco product purchase

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Promotional discounts, gifts, prizes, rewards to consumers in conjunction with a tobacco product purchase (e.g., buy one pack, get one free or, key chains, t-shirts, coupons, points)

Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Although the definition of “tobacco advertisement” is broad, it encompasses only commercial communications and recommendations and not certain promotional “actions.” As a result, it is unlikely that promotions in conjunction with a tobacco product purchase fall within the advertising ban.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all promotions in conjunction with a tobacco product purchase.

Competitions associated with tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Although the definition of “tobacco advertisement” is broad, it encompasses only commercial communications and recommendations and not certain promotional “actions.” As a result, it is unlikely that competitions associated with tobacco products fall within the advertising ban.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all competitions associated with tobacco products.

Direct person to person targeting of individuals

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. The definition of “tobacco advertisement” encompasses any speech or other device used to encourage the use of tobacco. This catch-all provision is interpreted as prohibiting the direct person to person targeting of individuals.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person to person advertising.

Brand stretching/trademark diversification

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Although the definition of “tobacco advertisement” is broad, it encompasses only commercial communications and recommendations and not certain promotional “actions.” As a result, it is unlikely that brand stretching falls within the advertising ban.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit brand stretching.

Reverse brand stretching or brand sharing

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Although the definition of “tobacco advertisement” is broad, it encompasses only commercial communications and recommendations and not certain promotional “actions.” As a result, it is unlikely that reverse brand stretching falls within the advertising ban.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit reverse brand stretching.

Toys that resemble tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits tobacco advertising in any form. The definition of “tobacco advertising” encompasses any device used to encourage the use of tobacco. This catch-all provision is interpreted as prohibiting toys that resemble tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to toys that resemble tobacco products.

Candy that resembles tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits tobacco advertising in any form. The definition of “tobacco advertising” encompasses any device used to encourage the use of tobacco. This catch-all provision is interpreted as prohibiting candy that resembles tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to candy that resembles tobacco products.

Retailer incentive programs

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Retailer incentive programs (e.g., rewards to retailers for achieving certain sales volume, enhanced displays, etc.) or other payments to encourage them to sell tobacco products

Analysis:

The law prohibits publishing or arranging for the publication of any tobacco advertisement in Botswana. Although the definition of “tobacco advertisement” is broad, it encompasses only commercial communications and recommendations and not certain promotional “actions.” As a result, it is unlikely that retailer incentive programs fall within the advertising ban.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit retailer incentive programs.

Paid placement of tobacco products in TV, film or other media

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits tobacco advertising in any form. The definition of “tobacco advertisement” encompasses any communication that is recorded, broadcast, or telecast and is used to encourage the use of or promote the sale of tobacco. This provision is interpreted as prohibiting paid placement of tobacco products in TV, film, or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products.

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Unpaid depiction of tobacco use or tobacco products in TV, film or other media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary

Analysis:

The law prohibits tobacco advertising in any form. The definition of “tobacco advertisement” encompasses any communication that is recorded, broadcast or telecast and is used to encourage the use of, or promote the sale of tobacco. This provision is interpreted as prohibiting unpaid depiction of tobacco products or use in TV, film, or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco products or use.

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Financial or other sponsorship or support by the tobacco industry to events, activities, individuals or groups (e.g., groups involved in sports, the arts, politics, charitable or welfare, or other activities, or youth smoking prevention programs)

Analysis:

The law does not appear to prohibit financial or other sponsorship or support by the tobacco industry.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should incorporate the FCTC definition of “tobacco sponsorship” and make clear that financial or other sponsorship or support by the tobacco industry to events, activities, individuals/groups, organizations, or governments is banned, regardless of whether such sponsorship is publicized.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The law does not appear to prohibit financial or other sponsorship or support by the tobacco industry. However, the law limits the publicity of such sponsorship through its ban on tobacco advertising, which includes many traditional forms of advertising such as TV, radio, newspapers, magazines, billboards, and other print media. Therefore, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should incorporate the FCTC definitions of “tobacco advertising and promotion” and “tobacco sponsorship” and make clear that all financial or other sponsorship or support by the tobacco industry to events, activities, individuals/groups, organizations, or governments and the publicity of such sponsorship is banned.

Promotion by any means that are false, misleading or deceptive

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Promotion by any means that are false, misleading or deceptive or likely to create an erroneous impression about a product's characteristics, health effects, hazards or emissions (covering any term, descriptor, trademark, emblem, marketing image, logo, color and figurative, or any other indicia)

Analysis:

The law does not prohibit advertising and promotion by means that are false, misleading, or deceptive; nor does it prohibit the use of any misleading term, descriptor, trademark, emblem, marketing image, logo, color, figure, or other indicia that is false, misleading, or deceptive.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should comprehensively ban all means of promoting a tobacco product that are false, misleading, or deceptive or that are likely to create an erroneous impression about the products’ characteristics, health effects, hazards, or emissions.