LANGUAGE
Last updated: July 21st 2015

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, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "transmitting sound or light, whether for aural or visual reception or both" to induce, expressly or indirectly, the use of tobacco or a product. Therefore, tobacco advertising and promotion via domestic TV and radio is prohibited.

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

Law Source, Section
Arts. 2, 17(1)

Domestic newspapers and magazines

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any announcement, notification ... to the public ... made ... in writing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion via domestic newspapers and magazines is prohibited.

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

Law Source, Section
Arts. 2, 17(1)

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, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes any announcement made in writing and specifically, "any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion via domestic print media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic print media.

Law Source, Section
Arts. 2, 17(1)

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

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

Tobacco Order 2005, Art. 17, prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." This ban applies to domestic TV and radio. The law is silent as to TV and radio advertisements originating outside Brunei, although it provides a limited exemption for newspapers published outside Brunei. On one hand, it could be argued that the law bans cross-border TV and radio advertising because it does not set out an exemption for such advertising (as with print). However, on the other hand, it could be argued that the law intends to exempt cross-border TV and radio advertising because it does not specifically address the circumstances of its prohibition (as with print). Therefore the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically prohibit tobacco advertising and promotion on international TV and radio originating outside Brunei.

Law Source, Section
Arts. 17(1), 21

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:

Tobacco Order 2005, Art. 17, prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." This ban includes a ban on tobacco advertising in domestic newspapers and magazines. Article 21 of the law provides a limited exemption to the ban for tobacco advertisements in newspapers and magazines published outside Brunei. However, this exemption to the ban does not apply: a) if the foreign publication forms part of, or is supplemental to, a publication published in Brunei, or b) if the foreign publication is supplied or distributed to a purchaser or subscriber of any publication published in Brunei. The exemption also does not apply to a foreign publication "printed or published outside Brunei Darussalam and brought into Brunei Darussalam for distribution solely or mainly for the purpose of announcing or commending the qualities of any brand of tobacco product." Because tobacco advertising is permitted in some international newspapers and magazines, the regulatory status code “Some Restrictions” is given.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising published in international newspapers and magazines and brought into Brunei.

Law Source, Section
Arts. 17(1), 21, 22

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "transmitting sound or light, whether for aural or visual reception or both," any announcement made in writing, or "in any other manner whatsoever" to induce, expressly or indirectly, the use of tobacco or a tobacco product. The definition is interpreted as covering internet communications, and therefore, tobacco advertising and promotion via internet communications is prohibited.

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

Law Source, Section
Arts. 2, 17(1)

Internet tobacco product sales

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

The Tobacco Licensing Regulations prohibit the sale of any tobacco product except by a person that "is a holder of a retail license in respect of the retail outlet." The Licensing Regulations define "retail outlet" as "any shop, kiosk, showboard, stall or counter which offers for sale any goods by retail to customers for their own use or consumption only." Under these regulations, internet-based sales do not qualify for retail license to sell tobacco products. Therefore, such sales are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet tobacco product sales.

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

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes any announcement made in writing, and specifically, "any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion via outdoor advertising is prohibited.

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

Law Source, Section
Arts. 2, 17(1)

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, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes any announcement made in writing, and specifically, "any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. There is no exemption to the ban at point of sale. Therefore, point of sale tobacco advertising and promotion is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.

Law Source, Section
Arts. 2, 17(1)

Point of sale product display

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes any “label, wrapper or . . . any announcement, notification or intimation, to the public.” This is interpreted as prohibiting the display and visibility of tobacco product packaging to the public at point of sale.

The law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12-14, which states: “Display and visibility of tobacco products at points of sale constitutes advertising and promotion and should therefore be banned.”

Law Source, Section
Arts. 2, 17(1)

Vending machines

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

The law prohibits in any premises the placement of vending machines containing tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to minors) with respect to vending machines

Law Source, Section

Conventional mail

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement" when read with the definition of "advertisement," is also broad. The definition includes any announcement made in writing, and specifically, "any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announcement, notification or intimation, to the public or any section thereof or to any person" to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion sent through conventional mail, which necessarily involves circulars, pamphlets, brochures, or other written documents, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

Law Source, Section
Arts. 2, 17(1)

Telephone and cellular phone

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any announcement, notification or intimation, to the public or any section thereof or to any person made . . . orally . . ." to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion via telephone and cellular phone, which necessarily involves an oral announcement, notification, or intimation, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone or cellular phone.

Law Source, Section
Arts. 2, 17(1)

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, displaying, selling, or distributing a "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any writing on any vehicle or any other object or thing" and "any poster, placard, notice or other document affixed . . . on any other object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. In addition, the definition of "tobacco product advertisement" specifically includes any advertisement "which mentions, illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product or "pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product." Therefore, brand marking on physical structures and vehicles, which uses distinctive words, designs, images, logos, sounds or colors to promote tobacco products, is prohibited.

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

Law Source, Section
Arts. 2, 17(1)

Free distribution of tobacco products

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

The Tobacco Order 2005, Art. 7(2) prohibits the distribution of "any free sample of a tobacco product to the public or any section of the public," other than those associated with the tobacco industry.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to minors) with respect to free distribution of tobacco products.

Law Source, Section

Promotions with a tobacco product purchase

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.

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 the sale or offer for sale of: a) any goods with any tobacco product as a free gift; (b) any tobacco product with any other goods as a free gift; or (c) any tobacco product packaged or labeled together or otherwise in conjunction with any other goods. Therefore, gifts, prizes, and rewards in conjunction with a tobacco product purchase are prohibited. However, promotional discounts are not specifically prohibited. Therefore, the regulatory status "Some Restrictions" is given, rather than "Banned."

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically prohibit promotional discounts, as well as gifts and prizes.

Law Source, Section

Competitions associated with tobacco products

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

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

Analysis:

Tobacco Order 2005, Art. 7(3), prohibits "offer[ing] or giv[ing] any tobacco product as a prize in any lottery, raffle, draw, game or competition." In addition, the ban on tobacco advertising prohibits competitions associated with tobacco products, regardless of whether tobacco products are given as prizes or purchased. Specifically, the law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition of "tobacco product advertisement" specifically includes any advertisement "which mentions, illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product or "pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product." Therefore, competitions using tobacco product brand names, manufacturer names, trademarks or logos are prohibited. In addition, such competitions violate the ban on tobacco sponsorship in Art. 8 of the law.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products or brand names.

Law Source, Section
Arts. 2, 7(3), 8, 17(1)

Direct person to person targeting of individuals

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any announcement, notification or intimation, to the public or any section thereof or to any person made . . . orally . . ." to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, direct person to person targeting of individuals, which necessarily involves an oral announcement, notification, or intimation to a person, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through direct person to person targeting of individuals.

Law Source, Section
Arts. 2, 17(1)

Brand stretching/trademark diversification

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

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, displaying, selling, or distributing a "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any writing on any . . . object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. In addition, the definition of "tobacco product advertisement" specifically includes any advertisement that "illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product or "pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product." Therefore, brand stretching, which involves depicting tobacco brand names and logos, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

Law Source, Section
Arts. 2, 17(1)

Reverse brand stretching or brand sharing

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

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

Analysis:

The law does not specifically address reverse brand stretching. It is arguable whether reverse brand stretching falls within the definition of “tobacco product advertisement,” thereby falling under the ban on tobacco product advertising. Therefore the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit reverse brand stretching. In addition, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in FCTC Art. 1.

Law Source, Section
Arts. 2, 17(1)

Toys that resemble tobacco products

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

Tobacco Order 2005, Art. 6, states: "No person shall import, sell or offer for sale, any confectionery or other food product, or any toy or other article, that is designed to resemble a tobacco product or which is sold in a package designed to resemble the packaging commonly associated with tobacco products." Therefore, toys that resemble tobacco products are prohibited.

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

Law Source, Section

Candy that resembles tobacco products

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

Tobacco Order 2005, Art. 6, states: "No person shall import, sell or offer for sale, any confectionery or other food product, or any toy or other article, that is designed to resemble a tobacco product or which is sold in a package designed to resemble the packaging commonly associated with tobacco products." Therefore, candy that resembles tobacco products is prohibited.

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

Law Source, Section

Retailer incentive programs

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

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 tobacco sponsorship. Specifically, the law prohibits “any contract, agreement, undertaking or understanding” to “promote a tobacco product . . . in exchange for any sponsorship, gift, prize, reward, scholarship or like benefit.” Retailer incentive programs are banned under this provision as they entail agreements to promote tobacco products in exchange for some benefit.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.

Law Source, Section

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 the sale of any "film or video or any other thing that contains a tobacco product advertisement." The definition of "tobacco product advertisement" specifically includes any advertisement that "illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product. Therefore, paid placement of tobacco products, which involves depicting tobacco brand names and logos in TV and film and other media ("transmitting light and sound"), is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, or other media.

Law Source, Section
Arts. 2, 17(1)

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

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.

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 the sale of any "film or video or any other thing that contains a tobacco product advertisement." The definition of "tobacco product advertisement" specifically includes any advertisement that "illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product. Therefore, the law is interpreted as prohibiting unpaid depiction of a tobacco product in a film, video or other entertainment media. However, it is not clear that unpaid depiction of tobacco use is prohibited. Therefore the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit both unpaid depiction of tobacco use and unpaid depiction of tobacco products.

Law Source, Section

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

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.

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 prohibits any contract, agreement, undertaking or understanding, whether legally binding or otherwise, that promotes a tobacco product in exchange for any sponsorship, gift, prize, reward, scholarship or like benefit. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial or other contributions that promote tobacco products; however, the law does not include contributions that promote tobacco usage not associated with a particular tobacco product. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law should also prohibit contributions that promote tobacco usage.

Law Source, Section

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

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

The law prohibits all contributions that promote a tobacco product, so publicity of those contributions is also prohibited. The law does not prohibit contributions that promote tobacco usage not associated with a particular product. However, the law also broadly prohibits all forms of tobacco product advertising, which includes display of the name of tobacco products, manufacturers, distributors or marketers, as well as pictorial devices associated with such names. Therefore, in effect, all publicity of tobacco sponsorships is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. For better clarity, the law should prohibit all tobacco sponsorship and publicity thereof.

Law Source, Section

Promotion by any means that are false, misleading or deceptive

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

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 contains a comprehensive ban on tobacco advertising, promotion and sponsorship. Consequently, all forms of misleading promotion are likewise prohibited. Therefore, the regulatory status "Banned" is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.

Law Source, Section