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)

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 advertising on broadcast media is restricted to the hours between 21:30 and 05:00 local time. Advertisements however may not show, among other things, cigarettes, cigarette and other tobacco product packs, the shape of cigarettes, tobacco product branding, or individuals smoking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco advertising and promotion on domestic TV and radio and other forms of domestic broadcast media (e.g., satellite, cable). Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Domestic 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 advertising is allowed in print media with certain restrictions. It may not be placed on the front or back cover of print media; adjacent to food and drink advertising; or on the front page of a newspaper. The advertising may not be published in media for children, adolescents, or females and cannot take up the full width of a page. Permissible advertisements may not show, among other things, cigarettes, cigarette and other tobacco product packs, the shape of cigarettes, tobacco product branding, or smoking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco advertising and promotion in domestic newspapers and magazines. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

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

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 advertising is allowed in print media with certain restrictions. It may not be placed on the front or back cover of print media; adjacent to food and drink advertising; or on the front page of a newspaper. The advertising may not be published in media for children, adolescents, or females and cannot take up the full width of a page. It also may not be located in smoke free zones except those places that sell tobacco products in the vicinity of smoke free zones. Permissible advertisements may not show, among other things, cigarettes, cigarette and other tobacco product packs, the shape of cigarettes, tobacco product branding, or smoking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco advertising and promotion in domestic print media. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

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 product advertising on TV and radio is restricted to the hours between 21:30 and 05:00 local time. Advertisements may not show, among other things, cigarettes, cigarette and other tobacco product packs, the shape of cigarettes, tobacco product branding, or smoking. The law, however, does not address whether the restrictions apply to cross-border broadcast media. Such restrictions likely would be interpreted to include advertising entering Indonesia because allowing such advertising would defeat the purpose of the restrictions. Because the law is unclear on cross-border advertising, the regulatory status code of “Uncertain” is given rather than “Some Restrictions.”

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco advertising and promotion via cross-border television and radio. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

International newspapers and magazines

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 advertising is allowed in print media with certain restrictions. However, the law does not explicitly apply the restrictions on tobacco advertising in newspapers and magazines to international newspapers and magazines. Because it is uncertain whether these restrictions apply to tobacco advertising in international newspapers and magazines, the regulatory status code of “Uncertain” is given rather than “Some Restrictions.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion via international newspapers and magazines. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Internet communications

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.

Internet communications (not sales)

Analysis:

Tobacco advertising via “information technology media” specifically is addressed in the law. Advertisements may not show, among other things, cigarettes, cigarette and other tobacco product packs, the shape of cigarettes, tobacco product branding, or smoking. Age verification programs further must be used to restrict access to individuals over 18.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco advertising and promotion via internet communications. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Internet tobacco product sales

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 advertising via “information technology media” specifically is addressed in the law. Advertisements may not show, among other things, cigarettes, cigarette and other tobacco product packs, the shape of cigarettes, tobacco product branding, or smoking. Age verification programs further must be used to restrict access to individuals over 18.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban internet product sales. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

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

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 advertising via “outdoor media” specifically is addressed in the law. Such advertising, among other things, cannot be larger than 72 square meters, and cannot be placed on main roads, traverse roads, or located in smoke free zones except those places that sell tobacco products in the vicinity of smoke free zones. Advertisements may not show, among other things, cigarettes, the shape of cigarettes, tobacco product branding, or smoking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban outdoor tobacco advertising. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Point of sale advertising/promotion

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

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

Analysis:

Point of sale advertising and promotion is specifically addressed in the law. Although tobacco advertising generally is prohibited in smoke free zones, such advertising is permitted in places that sell tobacco products in the vicinity of smoke free zones. Print advertising at points of sale is subject to the same restrictions on print advertising generally, which includes not showing, among other things, cigarettes, cigarette and other tobacco product packs, the shape of cigarettes, tobacco product branding, or smoking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban point of sale advertising and promotion. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Point of sale product display

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

Point of sale advertising and promotion is specifically addressed in the law. Although tobacco advertising generally is prohibited in smoke free zones, such advertising, including product display – a form of tobacco advertising and promotion – is permitted in places that sell tobacco products in the vicinity of smoke free zones.

 To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban point of sale product display. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Vending machines

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

The law prohibits tobacco product sales via vending machines.

The law accordingly aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to such machines.

Conventional mail

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

The PP does not prohibit explicitly advertising and promotion of tobacco products through use of conventional mail; it is therefore allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco advertising and promotion through conventional mail. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Telephone and cellular phone

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

The PP does not prohibit advertising and promotion of tobacco products through telephone and cellular phone.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco advertising and promotion through telephone and cellular phone. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Brand marking on physical structures

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.

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 does not specifically address brand marking. The law however restricts advertising via outdoor media and makes clear that such media includes advertising on houses, tents, buses, cars and motorcycles, among other places. Advertisements may not show, among other things, cigarettes, the shape of cigarettes, tobacco product branding, or smoking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban brand marking. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Free distribution of tobacco products

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

The law specifically prohibits the distribution of tobacco products free of charge.

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

Promotions with a tobacco product purchase

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

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 distribution of discounted tobacco products and tobacco products as prizes, but does not indicate that such distributions must accompany tobacco product purchases.

As such promotions generally are banned (not just those associated with product purchases), the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions 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 does not restrict or prohibit competitions associated with tobacco products or brand names; therefore, this practice is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban competitions associated with tobacco products. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Direct person to person targeting of individuals

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

The law does not prohibit or restrict direct targeting of individuals with promotional information; therefore, this practice is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco advertising and promotion via direct person to person targeting. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

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 the use of tobacco product logos or brands on items that are not tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through 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 does not prohibit reverse brand stretching; therefore, this practice is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban reverse brand stretching. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Toys that resemble 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 Elucidation of the law explains that the distribution of items free of charge, at a discount, or as a prize that “may lead to the perception of tobacco products” is banned. Further, the law prohibits the distribution of items that resemble tobacco products free of charge to children, adolescents, and pregnant women. The sale of toys that resemble tobacco products is prohibited at schools.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all sales and other distribution of toys that resemble tobacco products. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

Candy that resembles 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 Elucidation of the law explains that the distribution of items free of charge, at a discount or as a prize that “may lead to the perception of tobacco products” is banned. Further, the law prohibits the distribution of items that resemble tobacco products free of charge to children, adolescents, and pregnant women. The sale of candy that resembles tobacco products is prohibited at schools.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all sales and other distribution of candy that resembles tobacco products. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

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 PP does not prohibit retailer incentive programs; therefore, this practice is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban retailer incentive programs. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

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 Film Law states that “films are prohibited from encouraging public society to . . . misuse narcotics, psychotropic or other addictive substances.” The Elucidation of the Film Law further provides that “the content of film is prohibited to show attitudes which can convince the public to follow such behavior . . . .” The PP prohibits advertising that shows, among other things, cigarettes, cigarette and other tobacco product packs, the shape of cigarettes, tobacco product branding, or smoking. The Broadcast Law also prohibits depiction of the shape of tobacco products. Taken together, these provisions prohibit tobacco advertisement via paid placement in film, TV, and other broadcast media.

The law aligns with 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

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 Film Law states that “films are prohibited from encouraging public society to . . . misuse narcotics, psychotropic or other addictive substances.” The Elucidation of the law further provides that “the content of film is prohibited to show attitudes which can convince the public to follow such behavior . . . .” This provision prohibits unpaid depiction of tobacco products in film. Unpaid depiction of tobacco products on TV and other media is not prohibited, as the Broadcast Law and PP prohibit the appearance of cigarettes for commercial (paid) advertising only.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban unpaid product placement that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary. Further, a definition of “tobacco advertising and promotion” that aligns with the FCTC should be provided in the law.

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 allows the tobacco industry to sponsor institutions and activities including “corporate social responsibility” (CSR) programs, so long as they do not have the “intent” to promote tobacco products and no trademarked names or logos of tobacco products are used. Sponsorship is defined as all forms of direct or indirect contributions in the form of funds or otherwise, by means of a variety of activities conducted by institutions or individuals with the objective of exerting influence through promotion or use of tobacco products. Sponsorship is further prohibited for institutional or other activities that are covered by the media. Other forms of contributions are permitted. Local governments have explicit authority to enact stricter regulations with regard to tobacco sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions to any activities, individuals, organizations, or governments that have the aim, effect, or likely effect of promoting tobacco products or tobacco use directly or indirectly.

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 allows the tobacco industry to sponsor institutions and activities including “corporate social responsibility” (CSR) programs, so long as they do not have the “intent” to promote tobacco products and no trademarked names or logos of tobacco products are used. Sponsorship is further prohibited for institutional or other activities that are covered by the media. Sponsorship is defined as all forms of direct or indirect contributions in the form of funds or otherwise, by means of a variety of activities conducted by institutions or individuals with the objective of exerting influence through promotion or use of tobacco products. Other forms of publicity of tobacco sponsorship are permitted in accordance with general tobacco advertising and promoting regulations. Local governments have explicit authority to enact stricter regulations with regard to tobacco sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof.

Promotion by any means that are false, misleading or deceptive

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.

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 PP prohibits advertising that uses misleading words or phrases and any representations or suggestions that smoking provides health benefits. On tobacco product packaging, the PP further prohibits misleading wording and, if not already a certified trademark, misleading terms. As all misleading promotion is not banned, the regulatory status code "Some Restrictions" is given.

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, as in FCTC Art. 13 Guidelines para. 39. This should be done in addition to imposing a complete tobacco advertising, promotion and sponsorship ban.