LANGUAGE
Last updated: September 18th 2019

Key Terms

Tobacco Sponsorship

Term Defined
Definition

Programme sponsorship [Television Programme Sponsorship Code]: a programme is deemed sponsored if any part of its costs of production, acquisition or transmission is met through payment, or other valuable reward or consideration to the broadcaster, with the objective of promoting the sponsor’s name, image, product, activities or services. References to commercial names in programmes do not necessarily denote programme sponsorship. Such occurrences are acceptable if they are inherent in programmes acquired by a broadcaster. For example, the various event sponsor logos on site in a sporting event are not considered part of programme sponsorship.

Programme sponsorship [Radio Advertising and Sponsorship Code]: a programme is deemed sponsorship if any part of its cost of production, acquisition or transmission is met in return for payment, or other reward or consideration, tangible or intangible, to the broadcaster, with the objective of promoting the sponsor’s name, image, product, activities or services. Broadcaster should recognize that there is a distinction between programme sponsorship and advertising. Through the sponsorship of a programme, an organisation gains public exposure, prestige and favourable association. Sponsorship does not equate with advertisements or infomercials (long-form advertisement), where there is a direct appeal to the public to purchase a specific product or use a particular service.

Analysis

The general law governing tobacco advertising, promotion and sponsorship does not contain a specific definition of “tobacco sponsorship.” However, two of the relevant Codes of Practice include general definitions of “programme sponsorship” that are not specific to tobacco products or use. Each of the definitions of “programme sponsorship” align with the definitional elements of “tobacco sponsorship” as provided in FCTC Art. 1(g). However, these definitions are not a substitute for a definition of “tobacco sponsorship” because the definitions provided apply in the limited contexts specific to their Codes of Practice (e.g., television programs, radio programs). A definition of “tobacco sponsorship” should be provided in accordance with FCTC Art. 1(g).

FCTC-Based Definition:

Any form of contribution to any event, activity, or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use directly or indirectly. (FCTC Art. 1(g))

Tobacco Advertising and Promotion

Term Defined
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Definition

Advertisement: includes any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announcement, notification or intimation to the public or any section thereof or to any person or persons made—
(a) orally or in writing;
(b) by means of any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing;
(c) by means of producing or transmitting sound or light and whether for aural or visual reception or both;
(d) by means of any writing on any vehicle, ashtray, calendar, cigarette-lighter, clock or any other object or thing; or
(e) in any other manner whatsoever.

Analysis

The definition of “advertisement” does not clearly encompass “actions,” and therefore may not include all types of tobacco promotion. As a result, the definition is narrower than the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c). A definition of “tobacco advertising and promotion” should be provided in accordance with FCTC Art. 1(c).

FCTC-Based Definition:

Any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. (FCTC Art. 1(c))

Tobacco Product

Term Defined
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Definition

"Tobacco product" means— (a) a cigarette or cigar, or any other form of tobacco;
(b) a tobacco derivative;
(c) a tobacco substitute; or
(d) any mixture containing any form of tobacco or a tobacco derivative or tobacco substitute,
but does not include a therapeutic product registered under the Health Products Act (Cap. 122D).

Analysis

The definition adopted under the law aligns with the FCTC definition provided in Art. 1(f).

FCTC-Based Definition:

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Publish

Term Defined
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Definition

Publish: in relation to an advertisement, includes to distribute, show, exhibit, display or broadcast by any form of communication or in any manner.

Analysis

The definition of “publish” is significant under the broad ban on advertising and promotion. The ban is worded so as to prohibit publication of advertisements.

Packaging

Term Defined
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Definition

Packaging: in relation to any product or article, means any container and any other packaging material in which or with which the product or article is supplied, and includes —
(a) the box, carton, cylinder, packet, pouch, tin or other receptacle which contains the product or article;
(b) where any such receptacle is or is to be contained in one or more other receptacles, each of the other receptacles;
(c) wrapper or wrapping of any nature or form;
(d) any accompanying leaflet, brochure or other written material; and
(e) any written, printed or graphic representation that appears on or with, or is attached to, the product or article or any part of its packaging.

Analysis

The definition of “packaging” is relevant to the restrictions applicable to tobacco packaging, labeling, and inserts.