Last updated: January 24, 2022

Penalties

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

Advertising and Promotion

Tobacco industry and advertising industry entities that violate advertising and promotion provisions
Fine
Enforcement Agency

Ministry of Interior, Media and Communications Authority, Ministry of Culture, Ministry of Youth and Sport, Ministry of Trade

Analysis

Violators of advertising and promotion provisions are subject to closure of premises for no more than 30 days, and a fine of no less than ID 5 million and no more than ID 10 million. For repeat violations, the premises shall be closed for 60 days and a fine of no less than ID 10 million and no more than ID 20 million shall be imposed.

Copies of newspapers, magazines, books, and foreign publications that are in violation of advertising and promotion provisions shall be confiscated, and subsequent issues denied entry to the country for no more than 30 days.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, including higher penalties for repeat violations.

Sponsorship

Entities that violation the sponsorship ban
Fine
Enforcement Agency

Ministry of Culture

Analysis

Pursuant to a decision issued by the Ministry of Health, the advertising ban contained in the law is interpreted as prohibiting tobacco sponsorship as well. Therefore, the penalties for violation of the advertising ban apply. Violators of advertising and promotion provisions are subject to closure of premises for no more than 30 days, and a fine of no less than ID 5 million and no more than ID 10 million. For repeat violations, the premises shall be closed for 60 days and a fine of no less than ID 10 million and no more than ID 20 million shall be imposed.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, including higher penalties for repeat violations.