PART 2 CONTROL OF ADVERTISEMENTS RELATING
TO TOBACCO PRODUCTS AND IMITATION
TOBACCO PRODUCTS |
[9/2016] | Prohibition on advertisements relating to tobacco products and imitation tobacco products |
3.—(1) 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 —| (a) | containing any express or implied inducement, suggestion or request to purchase or to use any tobacco product or imitation tobacco product; | | (b) | providing a facility for a person accessing the advertisement on the Internet to purchase any tobacco product or imitation tobacco product; | | (c) | relating to any tobacco product 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 or imitation tobacco product; or | | (d) | mentioning, illustrating or depicting —| (i) | the name or trade name of any person associated or concerned with the manufacture, distribution or marketing of any tobacco product or imitation tobacco product; | | (ii) | a brand name of, or trade mark relating to, any tobacco product or imitation tobacco product; or | | (iii) | any pictorial device commonly associated with a brand name of, or trade mark relating to, any tobacco product or imitation tobacco product. [9/2016] |
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| (2) 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. [9/2016] |
(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | 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 | | (b) | 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. [9/2016] |
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(4) In subsection (3), “qualifying conviction” means —| (a) | a conviction for an offence under subsection (3); or | | (b) | a conviction for an offence under section 3(1) as in force immediately before 1 August 2016. [9/2016] |
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| (5) 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. [9/2016] |
| (6) 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 or imitation tobacco product for the purpose of promoting or identifying any goods or services unconnected with any tobacco product or imitation tobacco product which are manufactured, distributed, marketed or provided by that person. [9/2016] |
| (7) 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 or imitation tobacco product. [9/2016] |
| (8) 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. |
| (9) Any application for approval under subsection (6) must be made in such form and with such particulars as may be determined by the Minister. |
(10) In this section, an advertisement that is published electronically is published in Singapore, if —| (a) | the advertisement originates in Singapore, even if none of the persons capable of having access to the advertisement is physically present in Singapore; or | | (b) | all of the following apply in respect of the advertisement:| (i) | the advertisement did not originate in Singapore, or the advertisement’s origin cannot be determined; | | (ii) | the advertisement is published or caused to be published by a Singapore‑connected person or the Singapore‑connected person takes part in that publication; | | (iii) | the advertisement is accessible by persons physically present in Singapore. [9/2016] |
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4. Where a person is charged with an offence for contravening section 3(1) in relation to an unauthorised advertisement, it is a defence for the person charged to prove, on a balance of probabilities, that —| (a) | the person was acting in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available, and the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data; or | | (b) | the person did not know and had no reason to believe that the advertisement was of a type described in section 3(1). [9/2016] |
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| Offences by owner and occupier |
| 5. Any person being the owner or occupier of any premises to which the public or any section of the public has access, on payment or otherwise, who knowingly permits or suffers such premises or any part thereof to be kept or used for the publication of any advertisement in contravention of section 3(1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
| Presumption relating to printed documents |
| 6. Where more than 10 copies of a notice, pamphlet, brochure or other printed document, containing an advertisement described in section 3(1)(a), (c) or (d), are found in the possession of or in premises occupied by a person who is associated or concerned with the manufacture, distribution or marketing of any tobacco product or imitation tobacco product associated with or related to the brand name, trade name or trade mark mentioned or depicted in the advertisement, the person is presumed, until the contrary is proved, to have taken part in the publication of the advertisement in contravention of section 3(1). [9/2016] |
| Advertisements in newspapers published outside Singapore |
7.—(1) This Part does not apply to any advertisement described in section 3(1)(a), (c) or (d) (called in this section a relevant advertisement), if the advertisement is contained in a newspaper that —| (a) | is printed or published outside Singapore; | | (b) | is brought into Singapore for sale, free distribution or personal use; and | | (c) | is not a newspaper of a class or description specified by the Minister by notification in the Gazette. [9/2016] |
(2) Despite subsection (1), a person must not distribute or supply or cause to be distributed or supplied, whether free of charge or otherwise, any newspaper or printed matter containing any relevant advertisement which is printed or published outside Singapore and is brought into Singapore, if that newspaper or printed matter —| (a) | forms part of, or is supplemental to, any newspaper that is printed or published in Singapore; and | | (b) | is supplied or distributed to any purchaser or subscriber of any newspaper that is printed or published in Singapore, whether or not the firstmentioned newspaper or printed matter is supplied or distributed at the same time as, or together with, the newspaper printed or published in Singapore. [9/2016] |
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| (3) Any person who contravenes subsection (2) 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 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Advertisements not exempted |
| 8. Nothing in section 7(1) is to be construed as exempting from the provisions of this Act any unauthorised advertisement contained in any notice, circular, pamphlet, brochure or other printed matter or document which is not a newspaper within the meaning of this Act and which is printed or published outside Singapore and brought into Singapore for distribution solely or mainly for the purpose of announcing or commending the qualities of any brand of tobacco product or imitation tobacco product. [9/2016] |
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