After reading Restrictions on Advertising under Tobacco Regulation Act of 2003, read also After reading What is Republic Act No. 9211 or Tobacco Regulation Act of 2003?
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Advertisement refers to any visual and/or audible message disseminated to the public about a particular product
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All tobacco advertising shall contain the health warning; “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health.”
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Tobacco advertising shall not be aimed to persons under eighteen (18) years of age
A dvertisement refers to any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, designs, images or any other means through broadcasts, electronic, print or whatever form of mass media, including outdoor advertisements, such as but no limited to signs and billboards. For this article, advertisement shall be understood as tobacco advertisement.
In relation to advertisement, advertising refers to the business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or information about the attributes, features, quality or availability of consumers products, services or credit.
What are the warnings on tobacco advertising?
The law says:
All tobacco advertising in mass media shall contain either in English or Filipino, the following health warning; “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health.”
For print and outdoor advertisement, the warning frame shall be centered across the bottom of the advertisement and occupy a total area of not less than fifteen percent (15%) of such advertisement including any border or fame. The text of the health warnings shall be clearly visible and legible, printed in a prominent color as approximate and shall appear in contrast by color, typography or layout with all other printed material in the advertisement. The warning shall not be hidden or obscured by other printed information or images in the advertisement.
For television and cinema advertisements, the warning shall be clearly shown and voiced over in the last five (5) seconds of the advertisement, regardless of the duration of the advertisement, even when such advertisement is silent. The health warning shall occupy a total area of not less than fifty percent (50%) of the television screen and shall be clearly visible, legible, and audible, in black text on white background or white text on black background. No other images except in writing shall be included in the warning frame.
For radio advertisement, the warnings stated after the advertisement shall be clearly and audibly voiced over in the last five (5) seconds of the advertisement, regardless of its duration.
What are the restrictions on tobacco advertising?
The law says:
The following restrictions shall apply to all tobacco advertising:
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Advertisement shall not be aimed at or particularly appeal to persons under eighteen (18) years of age.
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Advertisement shall not feature a celebrity or contain an endorsement, implied or express by a celebrity.
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Advertisement shall not contain cartoon characters or subjects that depict humans or animals with comically
exaggerated features or that attribute human or unnatural characteristics to animals, plants or other objects.
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Advertisement shall not show, portray or depict scenes where the actual use of, or the act of using, puffing or lighting cigarettes or other tobacco products is presented to the public.
For all print media tobacco advertisement, the following are restrictions:
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Outdoor advertisements shall not be placed on billboards, wall murals, or transport stops or stations which are within the one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented particularly by persons below eighteen (18) years of age.
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Outdoor advertisements shall not, either individually or when placed in deliberate combination with other outdoor tobacco advertising, exceed seventy (70) square meters in total size.
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Outdoor advertisements shall not be placed on taxis, buses, trains or other public conveyance or in stations, terminals or platforms thereof, except point-of-sale establishments.
For advertising in cinemas, tobacco advertisements are prohibited in connection with the showing of any film where persons below eighteen (18) years permitted admission. Also, advertisements shall not be broadcast on television, cable television, and radio between seven o’clock in the morning and seven o’clock at night.
Furthermore, no electronic advertisements shall be incorporated within any video or audio cassette, videogame machine, optical disc or any similar medium, unless access to the item is restricted to persons eighteen (18) years of age or older.
Moreover, advertisements are prohibited on the internet and other similar medium unless that Internet site is restricted to persons eighteen (18) years of age or older. A site will be deemed restricted if a person cannot obtain access beyond the first page of the website unless the persons has established that he or she is at least eighteen (18) years old. This limitation applies to commercial communications and shall not prevent the use of company Internet websites to provide information regarding a company, its products and smoking and health related information.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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