Tobacco Order, 2005 · As enacted · Part IV · Control of Advertisements
Section 21
Official textFrom Attorney General's Chambers, unchanged
This Part does not apply to any tobacco product advertisement contained in any newspaper which is printed or published outside Brunei
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;
Darussalam and which is brought into Brunei Darussalam for sale, free distribution or personal use, other than a newspaper of a class or description specified by the Minister by notification published in the Gazette.
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;
Notwithstanding subsection (1), no person shall distribute or supply or cause to be distributed or supplied, whether free of charge or otherwise, any newspaper or printed matter containing any tobacco product advertisement which is printed or published outside Brunei Darussalam and which is brought into Brunei Darussalam, if such newspaper or printed matter -
(a}
forms part of, or is supplemental to, any newspaper that is printed or published in Brunei Darussalam; and
(b}
is supplied or distributed to any purchaser or subscriber of any newspaper that is printed or published in Brunei Darussalam, whether or not the first-mentioned newspaper or printed matter is supplied or distributed at the same time as, or together with, the newspaper printed or published in Brunei Darussalam.
Any person who contravenes or fails to comply with subsection (2) is guilty of an offence and liable on conviction to a fine 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.
Advertisements not exempted.
Terms defined in s 2
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;
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;