Tobacco and Vaporisers Control Act 1993 · 2020 Revised Edition · Part 2 · Control of Advertisements Relatingto Tobacco Products, Vaporisers and Imitation Tobacco Products
3. Prohibition on advertisements relating to tobacco products, vaporisers and imitation tobacco products
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Subject to subsection (2) or (6), a person must not publish, or cause to be published, or take part in the publication, in Singapore, of any advertisement —
publish
“publish”, in relation to an advertisement, includes to distribute, show, exhibit, display or broadcast by any form of communication or in any manner;
containing any express or implied inducement, suggestion or request to purchase or to use any tobacco product, vaporiser or imitation tobacco product;
providing a facility for a person accessing the advertisement on the Internet to purchase any tobacco product, vaporiser or imitation tobacco product;
relating to any tobacco product, vaporiser or imitation tobacco product or its use in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the use of the tobacco product, vaporiser or imitation tobacco product; or
mentioning, illustrating or depicting —
the name or trade name of any person associated or concerned with the manufacture, distribution or marketing of any tobacco product, vaporiser or imitation tobacco product;
a brand name of, or trade mark relating to, any tobacco product, vaporiser or imitation tobacco product; or
any pictorial device commonly associated with a brand name of, or trade mark relating to, any tobacco product, vaporiser or imitation tobacco product.
Subsection (1) does not apply to an advertisement comprising only a price list that is of a prescribed description and is published in prescribed circumstances.
advertisement
“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 of the public 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;
A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both, unless paragraph (b) applies; or
if the person has any previous qualifying conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
In subsection (3), “qualifying conviction” means —
a conviction for an offence under subsection (3); or
a conviction for an offence under section 3(1) as in force immediately before 1 August 2016.
In any proceedings against a person for contravening subsection (1), it is not necessary for the prosecution to prove that the person knew or had reason to believe that the advertisement published is of a type described in that subsection.
The Minister may approve, for such time and upon such conditions as he or she may think fit, the publication of an advertisement or class of advertisements which mentions or refers to the brand name associated with or the name or trade name of a person associated or concerned with the manufacture, distribution or marketing of a tobacco product, vaporiser or imitation tobacco product for the purpose of promoting or identifying any goods or services unconnected with any tobacco product, vaporiser or imitation tobacco product which are manufactured, distributed, marketed or provided by that person.
tobacco product
“tobacco product” means —(a)a cigarette or cigar, or any other form of tobacco;(b)a tobacco derivative;(c)a tobacco substitute; or(d)a 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 2007;
Subsection (6) does not apply to any advertisement or class of advertisements which, directly or indirectly, leads to, induces, urges, promotes or encourages the use of any tobacco product, vaporiser or imitation tobacco product.
use
“use”, in relation to any tobacco product, means smoking, chewing, inhaling, ingesting or otherwise introducing the tobacco product or any of its constituents or emissions into the human body (whether by oral means or otherwise);
Where any person fails to comply with any condition imposed by the Minister under this section, the Minister may cancel the approval in relation to which that condition was imposed.
Any application for approval under subsection (6) must be made in such form and with such particulars as may be determined by the Minister.
In this section, an advertisement that is published electronically is published in Singapore, if —
the advertisement originates in Singapore, even if none of the persons capable of having access to the advertisement is physically present in Singapore; or
all of the following apply in respect of the advertisement:
the advertisement did not originate in Singapore, or the advertisement’s origin cannot be determined;
the advertisement is published or caused to be published by a Singapore‑connected person or the Singapore‑connected person takes part in that publication;
the advertisement is accessible by persons physically present in Singapore.