Last updated: August 15th 2022

Penalties

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

Advertising and Promotion

Anyone who violates the provision on advertising and promotion, including managers of publications and directors of radio and TV stations and other media
Fine
Enforcement Agency

Health police/general health inspection agents, judicial police, and other law enforcement agents

Analysis

Article 18 provides for the prosecution of managers of publications and directors of radio and TV stations and other media that violate Art. 8’s advertising and promotion prohibition. Article 21 imposes fines ranging from 4,000,000 to 10,000,000 CFA francs against any person who violates Art. 8.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain "effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation). In order that the penalties imposed be effective deterrents they should be graded and commensurate with the nature and seriousness of the offence(s), including a first offence, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship."

Law Source, Section

Sponsorship

Anyone who violates the provision on sponsorship
Fine
Enforcement Agency

Health police/general health inspection agents, judicial police, and other law enforcement agents

Analysis

Article 21 imposes fines ranging from 4,000,000 to 10,000,000 CFA francs against any person who violates Art. 9’s sponsorship restriction.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain "effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation). In order that the penalties imposed be effective deterrents they should be graded and commensurate with the nature and seriousness of the offence(s), including a first offence, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship."

Law Source, Section