Section 12: Prohibition on Tobacco advertising, promotion and sponsorship

(1)
Except otherwise provided in this Act, no person shall-
(a)
promote or advertise tobacco or tobacco products in any form;
(b)
sponsor or participate in any programme or event which is aimed at wholly or partially promoting or advertising tobacco or tobacco products; or
(c)
engage or participate in any tobacco advertising, promotion, or sponsorship as a media or event organizer, celebrity or other participant, as a recipient of any sponsorship contribution, or as an intermediary that facilitates any such contribution.
(2)
The provisions of subsection (1) of this section does not apply to communication between-
(a)
tobacco manufacturers and wholesalers or retailers and vice verso:
(b)
manufacturers, retailers of tobacco or tobacco products and any consenting person who is 18 years of age or above; and
(c)
manufacturers, distributors, sellers and tobacco plant farmers.
(3)
Without limiting in any way the broad application of the provision of this section, the First Schedule to this Act provides examples of tobacco advertising, promotion, and sponsorship that are prohibited under the Act.
First Schedule
(4)
Where the items listed under this subsection may be deemed to have an incidental promotional effect, they shall not be considered tobacco advertisement, promotion, or sponsorship, subject to the provisions of subsections (1)and (2) of this section-
(a)
a plain black-and-white only price list made available where tobacco products are legally sold, provided the list contains nothing more than the tobacco product brand name, package, quantity, price, and any government required or authorised information ;
(b)
depictions of tobacco products or tobacco use in media where the depiction is purely incidental or isjustified by reasons of historical accuracy or legitimate journalistic or artistic expression, or where the depiction is required for educational purposes; provided no payment or other consideration was offered or made by a tobacco manufacturer, seller, or any person acting on their behalf;
(c)
genuine political, social, or scientific commentary about tobacco products or tobacco use; provided no payment or other consideration was offered or made by a tobacco manufacturer, seller, or any person acting on their behalf;
(d)
dissemination or reporting of information on tobacco companies, practices chamcterized as or Iikely to be perceived as socially responsible practices such as sustainable environmental practices or good employment practices that do not involve contributions to other parties, provided the information is necessary for business administration or for required corporate reporting;
(e)
product information made accessible to persons within the tobacco trade who need the information for trading decisions, but only to the extent that access is limited to those persons; and
(f)
tobacco manufacturers' newsletters destined for and distributed only to the manufacturers' employees contractors, suppliers, and other tobacco-related business partners, and only to the extent their distribution is limited to such persons.
(5)
Regulations may require prescribed warnings and other requirements, conditions, or restrictions with respect to any of the items listed in subsection (4) of this section.