LANGUAGE
Last updated: October 28th 2019

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Any person
Fine, Corrective action required, Jail, Warning, Other
Enforcement Agency

Food and Drug Control Agency in coordination with other “relevant agencies”

Analysis

The PP provides that any person who promotes and/or advertises tobacco products must comply with the law’s advertising and promotion provisions within 12 months of promulgation of the PP. The PP authorizes the Food and Drug Control Agency, in coordination with other “relevant agencies,” to impose administrative sanctions on violators, including oral and written warnings and temporary suspension of activities, and to require product recalls.

The Broadcast Law provides penalties of two years in prison and/or a fine up to 500 million rupiah for violations of advertising restrictions on radio; and penalties of two years in prison and/or a fine up to 5 billion rupiah for advertising violations on television.

The Press Law provides for a fine up to 500 million rupiah for violations of advertising restrictions in the press.

To align with best practice, as reflected in the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco advertising and promotion. The penalty provisions also should provide for cumulative application for repeat offenses.

Sponsorship

Manufacturers, importers, distributors
License suspension or revocation, Warning, Other
Enforcement Agency

Food and Drug Control Agency in coordination with other “relevant agencies”

Analysis

Any person who produces and/or imports tobacco products may engage in tobacco sponsorship, but many forms of sponsorship are banned. The PP provides that tobacco producers, importers, and distributors must comply with the law’s sponsorship provisions within 12 months of promulgation of the PP. The PP authorizes the Food and Drug Control Agency in coordination with other “relevant agencies” to impose administrative sanctions on tobacco manufacturers and importers who violate the law’s sponsorship provisions, including oral and written warnings, and temporary suspension of activities, and to require product recalls.

To align with best practice, as reflected in the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship. The penalty provisions also should provide for cumulative application for repeat offenses.