AI-assisted research summary: This law requires health warnings in tobacco-product advertisements in the Islands, bans certain tobacco and intoxicating-liquor advertisements from being broadcast or shown at cinematograph displays, and lets the Governor in Council make supporting regulations.
CAYMAN ISLANDS TOBACCO PRODUCT AND INTOXICATING LIQUOR ADVERTISING LAW (1998 Revision) Supplement No. 7 published with Gazette No. 7 of 30th March, 1998. PUBLISHING DETAILS Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted — Law 21 of 1986-24th November, 1986. Revised this 27th day of January, 1998. Page 2 Revised as at 27th day of January, 1998 c Tobacco Product and Intoxicating Liquor Advertising Law Arrangement of Sections CAYMAN ISLANDS TOBACCO PRODUCT AND INTOXICATING LIQUOR ADVERTISING LAW (1998 Revision) Arrangement of Sections Section Page 1. Short title ...................................................................................................................................5 2. Definitions ..................................................................................................................................5 3. Health warning in advertisements of tobacco products...............................................................6 4. Restrictions on advertisements ..................................................................................................6 5. Regulations ...............................................................................................................................6 6. Offences ....................................................................................................................................6 c Revised as at 27th day of January, 1998 Page 3 Tobacco Product and Intoxicating Liquor Advertising Law Section 1 CAYMAN ISLANDS TOBACCO PRODUCT AND INTOXICATING LIQUOR ADVERTISING LAW (1998 Revision) 1. Short title 1. This Law may be cited as the Tobacco Product and Intoxicating Liquor Advertising Law (1998 Revision). 2. Definitions 2. In this Law — “advertisement” includes — (a) every visual form of advertising, whether or not accompanied by spoken words or other sounds; (b) any broadcast or cinematograph display; or any public announcement made orally or by any means of producing or transmitting light or sound; and (c) any hoarding or similar structure used or adapted for use for the display of advertisements; “broadcast” means a broadcast by wireless telegraphy by way of sound broadcasting or television of sounds or visual images intended for general reception, whether the sounds or images are actually received by any person or not; c Revised as at 27th day of January, 1998 Page 5 Section 3 Tobacco Product and Intoxicating Liquor Advertising Law “cinematograph display” means a display at a public performance of moving pictures or other optical effects produced on a screen by means of cinematograph or other similar apparatus, with or without the mechanical reproduction of sound; “health warning” means a warning in writing in the prescribed terms, and in default of such prescription means a warning in writing in the following terms — “WARNING: Smoking can severely damage your health”; “intoxicating liquor” has the same meaning as in the Liquor Licensing Law (1996 Revision); and “tobacco products” means anything made out of or containing tobacco. 3. Health warning in advertisements of tobacco products 3. (1) Subject to subsection (2), a health warning shall be prominently displayed in all advertisements in the Islands concerning tobacco products. (2) Subsection (1) does not apply to advertisements appearing in any written document published outside and imported into the Islands. 4. Restrictions on advertisements 4. No advertisement concerning tobacco products or intoxicating liquor shall be broadcast from within the Islands or shown at any cinematograph display. 5. Regulations 5. (1) The Governor in Council may make regulations for carrying this Law into effect. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may — (a) further prohibit, restrict or impose conditions upon the advertisement of tobacco products or intoxicating liquor; (b) prescribe the terms, size, shape, colour or wording of the health warning; and (c) prescribe offences against regulations made under this section. 6. Offences 6. (1) Whoever contravenes or fails to comply with section 3(1) is guilty of an offence and liable on summary conviction to a fine of one thousand dollars. (2) For the purposes of subsection (1), the publication of each copy of any advertisement published in contravention of section 3(1) constitutes a separate offence. Page 6 Revised as at 27th day of January, 1998 c Tobacco Product and Intoxicating Liquor Advertising Law Section 6 (3) Whoever contravenes section 4 is guilty of an offence and liable on summary conviction to a fine of one thousand dollars. Publication in revised form authorised by the Governor in Council this 27th day of January , 1998. Carmena H. Parsons Clerk of Executive Council c Revised as at 27th day of January, 1998 Page 7