LANGUAGE
Last updated: September 17th 2019

Penalties

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

Advertising and Promotion

“Any person” who engages or participates in tobacco advertising or promotion
Fine, Jail
Enforcement Agency

Ministry of Health

Analysis

For violation of advertising, promotion and sponsorship ban, Art. 15(6) imposes the penalties of a fine not exceeding N$200,000 or imprisonment not exceeding 10 years, or both.

The penalty provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should consider other penalties such as license suspension or revocation for violations of the advertising ban, graded penalties, and for cumulative application for repeat offenses.

Law Source, Section

Sponsorship

“Any person” who engages or participates in tobacco sponsorship
Fine, Jail
Enforcement Agency

Ministry of Health

Analysis

For violation of advertising, promotion and sponsorship ban, Art. 15(6) imposes the penalties of a fine not exceeding N$200,000 or imprisonment not exceeding 10 years, or both.

The penalty provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should consider other penalties such as license suspension or revocation for violations of the advertising ban, graded penalties, and for cumulative application for repeat offenses.

Law Source, Section