Tobacco Order, 2005 · As enacted · Part IV · Control of Advertisements
17. Prohibition on advertisements relating to smoking
Official textFrom Attorney General's Chambers, unchanged
Subject to the provisions of any other written law, any person who-
{a)
prints, publishes or causes to be printed or published or takes part in the publication of, any tobacco product advertisement;
tobacco product advertisement
"tobacco product advertisement" means any advertisement - (a) containing any express or implied inducement, suggestion or request to purchase or to smoke any tobacco product; (b) relating to smoking in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the use of any tobacco product for the purpose of smoking; or (c) which mentions, illustrates or depicts- (i) the name or trade name of any person associated or concerned with the manufacture, distribution or marketing of any tobacco product; (ii) a brand name of or trade mark relating to any tobacco product; or (iii) any pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product;
{b)
displays or affixes, or causes or permits to be displayed or affixed, a tobacco advertisement;
tobacco
"tobacco" means the leaf of the Nicotiana Tobacum plant or other related plants, and any product obtained therefrom;
{c)
sells, or causes or permits to be sold, any magazine, newspaper, film or videotape or any other thing that contains a tobacco product advertisement; or
newspaper
"newspaper" includes any magazine, journal, periodical or any other publication containing news, intelligence, information or reports of occurrences, or any remarks, observations or comments in relation either to such news, intelligence, information or occurrences or to any other matter of interest to the public or any section of the public, issued in any language at regular or irregular intervals;
{d) distributes, or causes or permits to be distributed, any tobacco product advertisement, is guilty of an offence and liable on conviction to a fme not exceeding $10,000, imprisonment for a term not exceeding 6 months or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.
The Minister may approve, for such time and upon such conditions as he may think fit, the publication of an advertisement or class of advertisement which mentions or refers to the brand name associated with or the name or trade 997
BRUNEI DARUSSALAM GOVERNMENT GAZETTE name of a person associated or concerned in the manufacture, distribution or marketing of a tobacco product for the purpose of promoting or identifying any goods or services unconnected with any tobacco product which are manufactured, distributed, marketed or provided by that person.
tobacco product
"tobacco product" means a cigarette, cigar or any other form of tobacco including any mixture containing tobacco;
Subsection (2) does not apply to any advertisement or class of advertise-ment which, directly or indirectly, leads to, induces, urges, promotes or encourages the use of any tobacco product for the purpose of smoking.
advertisement
"advertisement" includes any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announce-ment, notification or intimation, to the public or any section thereof or to any person 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; 987 28th. (dJ by means of any writing on any vehicle or any other object or thing; or (ej in any other manner whatsoever;
Any application for approval under subsection (2) shall be made in such form and with such particulars as the Minister may determine.
Where any person fails to comply with any condition imposed under subsection (2), the Minister may cancel the approval in relation to which that condition was imposed without assigning a reason therefor.
Defence.
Terms defined in s 2
advertisement
Defined · s 2"advertisement" includes any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announce-ment, notification or intimation, to the public or any section thereof or to any person 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; 987 28th. (dJ by means of any writing on any vehicle or any other object or thing; or (ej in any other manner whatsoever;
newspaper
Defined · s 2"newspaper" includes any magazine, journal, periodical or any other publication containing news, intelligence, information or reports of occurrences, or any remarks, observations or comments in relation either to such news, intelligence, information or occurrences or to any other matter of interest to the public or any section of the public, issued in any language at regular or irregular intervals;
smoking
Defined · s 2"smoking" means inhaling and expelling the smoke of tobacco or any other substance and includes the holding of any cigar, cigarette, pipe or any other form of tobacco product which is alight or emitting smoke;
tobacco
Defined · s 2"tobacco" means the leaf of the Nicotiana Tobacum plant or other related plants, and any product obtained therefrom;
tobacco product
Defined · s 2"tobacco product" means a cigarette, cigar or any other form of tobacco including any mixture containing tobacco;
tobacco product advertisement
Defined · s 2"tobacco product advertisement" means any advertisement - (a) containing any express or implied inducement, suggestion or request to purchase or to smoke any tobacco product; (b) relating to smoking in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the use of any tobacco product for the purpose of smoking; or (c) which mentions, illustrates or depicts- (i) the name or trade name of any person associated or concerned with the manufacture, distribution or marketing of any tobacco product; (ii) a brand name of or trade mark relating to any tobacco product; or (iii) any pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product;