National Authority on Tobacco and Alcohol Act 2006 · As enacted · Part II
35. Prohibition of tobacco or alcohol advertisements
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
A person shall not publish or cause to be published, or authorize the publication of, a tobacco advertisement or an alcohol advertisement.
It shall not be a contravention of subsection (1)—
to display a trade mark or a brand name of a tobacco product or alcohol on such tobacco product or alcohol product or on any package containing such tobacco product or alcohol product ;
for any manufacturer or importer of a tobacco product or alcohol product to send a notice to a distributor of such product, describing the tobacco products or alcohol product manufactured or imported, as the case may be, by such manufacturer or importer, as the case may be, and indicating their respective prices ;
to display, inside a place where tobacco products or alcohol product are available for sale to the public, a notice of the prescribed dimensions, identifying the tobacco products or alcohol product that are available for sale in that place and indicating their respective prices ;
to insert in a book, magazine or newspaper, available in Sri Lanka but printed outside Sri Lanka, a tobacco advertisement or alcohol advertisement, unless such book, magazine or newspaper is intended for sale or distribution only or mainly in
Sri Lanka ;
to transmit or broadcast, to Sri Lanka from outside
Sri Lanka a tobacco advertisement or alcohol advertisement or any television programme or radio programme containing a tobacco advertisement or alcohol advertisement, unless such transmission or broadcast, as the case may be, is intended to be seen or heard, as the case may be, only or mainly by viewers or listeners, as the case may be, in Sri Lanka ;
to publish, transmit or broadcast any scientific, educational, social, medical technical or other material or information beneficial to the public pertaining to tobacco products or alcohol products.
A person who contravenes the provisions of subsection (1) shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding two million rupees.
In this section—
“alcohol advertisement” means any distinctive writing, still or moving picture, sign, symbol or colours or other visual image or any audible message or any combination of the aforesaid that promotes or is intended to promote—
the drinking of liquor ;
the purchase or use of an alcohol product ;
a trade mark registered in respect of any alcohol product or articles that include alcohol products ;
a brand name associated with an alcohol products ;
the name of the manufacturer of an alcohol products.
“publish” in relation to a “tobacco advertisement” or
“alcohol advertisement” includes the following:—
the displaying, screening or playing, of the advertisement or anything containing the advertisement so that it can be seen or heard in or from any place or vehicle to which the public have access ;
the insertion of the advertisement in a newspaper, magazine, programme, leaflet, handbill, or other document that is available, or distributed, to the public or a section of the public ;
the inclusion of the advertisement in a film, video, radio programme or television programme or through the internet that is seen or heard, or intended to be seen or heard by the public or a section of the public ;
the sale, hire or supply or the offer for sale, hire or supply, of the advertisement or anything containing the advertisement to the public or a section of the public.
“tobacco advertisement” means any writing, still or moving picture, sign, symbol or distinctive colours or other visual image or any audible message or any combination of the aforesaid that promotes or is intended to promote—
smoking ;
the purchase or use of a tobacco product;
a trade mark registered in respect of a tobacco product or articles that include tobacco products ;
a brand name associated with a tobacco product ;
the name of the manufacturer of a tobacco product.