LANGUAGE
Last updated: September 17th 2019

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

All natural and legal persons that violate advertising and promotion provisions

Fine, License suspension or revocation, Other
Enforcement Agency

Uncertain

Analysis

Under Law No. 119/IV/95, violations of the ban on advertising are subject to a fine of 50,000 to 500,000 escudos. Violations of advertising and promotion provisions under the Advertising Code are subject to fines from 200,000 to 700,000 escudos or from 500,000 to 1,500,000 escudos, depending on whether the offender is a natural or legal person. In addition, the following additional penalties may be applied if it is deemed appropriate by the regulatory body for the sector and the government body in charge of social communications: 1) seizure of objects used in the practice of administrative offenses; 2) temporary ban, up to a maximum of two years, of advertising; 3) deprivation of the right to a subsidy or benefit granted by public entities or services; or 4) temporary closure of the premises or establishments where the advertising activity is carried out, as well as the cancellation of licenses or permits.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties for violations of advertising and promotion provisions commensurate with the severity of the violation. However, to more fully align, the law should specify the agency responsible for enforcement of advertising and promotion provisions.

Sponsorship

All natural and legal persons that violate sponsorship provisions

Fine, License suspension or revocation, Other
Enforcement Agency

Uncertain

Analysis

Under the Advertising Code, violations of tobacco sponsorship provisions are subject to a fine from 350,000 to 750,000 escudos or from 700,000 to 2,000,000 escudos, depending on whether the offender is a natural or legal person. In addition, the following additional penalties may be applied if it is deemed appropriate by regulatory body for the sector and the government body in charge of social communications: 1) seizure of objects used in the practice of administrative offenses; 2) temporary ban, up to a maximum of two years, of advertising; 3) deprivation of the right to a subsidy or benefit granted by public entities or services; and 4) temporary closure of the premises or establishments where the advertising activity is carried out, as well as the cancellation of licenses or permits.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties for violations of sponsorship provisions commensurate with the severity of the violation. However, to more fully align, the law should specify the agency responsible for enforcement of the sponsorship provisions.