Last updated: June 28, 2020

Penalties

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

Advertising and Promotion

Any person that violates the advertising and promotion provisions
None
Enforcement Agency

Ministry of Health

Analysis

A violation of any advertising and promotion provision is subject to a fine of up to ten thousand ringgit (approximately $3,300 USD) or to imprisonment for a term not exceeding two years.

FCTC Art. 13 Guidelines para. 60 provides: “Parties should introduce and apply effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation). In order that the penalties imposed be effective deterrents they should be graded and commensurate with the nature and seriousness of the offence(s), including a first offence, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship.” The penalties imposed for advertising and promotion violations are the same for all violators and all offenses (and the same as the penalties imposed for smoking violations). To fully align with FCTC Art. 13, the drafters of the law should consider imposing higher fines for more serious offenses, fines high enough to dissuade large industry entities from violating the law, and additional penalties such as corrective action and license suspension and cancellation.

Sponsorship

Any person that violates the sponsorship provisions
None
Enforcement Agency

Ministry of Health

Analysis

A violation of any sponsorship provision is subject to a fine of up to ten thousand ringgit (approximately $3,300 USD) or to imprisonment for a term not exceeding two years.

FCTC Art. 13 Guidelines para. 60 provides: “Parties should introduce and apply effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation). In order that the penalties imposed be effective deterrents they should be graded and commensurate with the nature and seriousness of the offence(s), including a first offence, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship.” The penalties imposed for advertising, promotion and sponsorship violations are the same for all violators and all offenses (and the same as the penalties imposed for smoking violations). To fully align with FCTC Art. 13, the drafters of the law should consider imposing higher fines for more serious offenses, fines high enough to dissuade large industry entities from violating the law, and additional penalties such as corrective action and license suspension and cancellation.