LANGUAGE
Last updated: October 1st 2019

Penalties

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

Advertising and Promotion

For tobacco advertising in general: any person guilty of an offense under any provision of the Act, which includes officers of corporations and the corporations themselves. For tobacco advertising in newspapers: (a)Any proprietor or editor of the publication; (b) any person who (directly or indirectly) procured the inclusion of the advertisement in the publication (c) any person who sells the publication or offers it for sale, or otherwise make it available to the public
Fine, Jail
Enforcement Agency

Local weight and measures authorities

Analysis

Violators of advertising and promotion provisions of the Tobacco Advertising and Promotion Act 2002 are subject to the following: 1) upon summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both; 2) upon conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties depending on seriousness of the violations (civil and criminal penalties). The law does not specifically provide for corrective action; however, this may be available under other general law statutes.

Sponsorship

Any person guilty of an offense under any provision of the Act, which includes officers of corporations and the corporations themselves.
Fine, Jail
Enforcement Agency

Local weight and measures authorities

Analysis

Violators of sponsorship provisions of the Tobacco Advertising and Promotion Act 2002 are subject to the following: 1) upon summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both; 2) upon conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties depending on seriousness of the violations (civil and criminal penalties). The law does not specifically provide for corrective action; however, this may be available under other general law statutes.