Cabo Verde

ARC (Autoridade Reguladora para a Comunicação Social), National Police Force, Municipal Police Force

Under Law No. 8/X/2022, Art. 28(1)(f), a violation of advertising and promotion provisions is subject to a fine between $1,000,000.00 (one million escudos) and $2,000,000.00 (two million escudos). The amount is reduced to between $500,000.00 (five hundred thousand escudos) and $800,000.00 (eight hundred thousand escudos) if the infraction is committed by an individual. Under Art. 29, if the person/entity who committed the violation is a repeat offender, the fine will be increased by a third or half of the minimum amount based on whether there have been one or more prior offenses. In addition, a violator’s license can be suspended or revoked (Art. 30(3), 31(1)(e)), and any marketing materials may be seized (Art. 31(1)(d)).

Violations of advertising and promotion provisions under the Advertising Code are subject to fines from 200,000 to 700,000 escudos or from 500,000 to 1,500,000 escudos, depending on whether the offender is a natural or legal person. In addition, the following additional penalties may be applied if it is deemed appropriate by the regulatory body for the sector and the government body in charge of social communications: 1) seizure of objects used in the practice of administrative offenses; 2) temporary ban, up to a maximum of two years, of advertising; 3) deprivation of the right to a subsidy or benefit granted by public entities or services; or 4) temporary closure of the premises or establishments where the advertising activity is carried out, as well as the cancellation of licenses or permits.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties for violations of advertising and promotion provisions commensurate with the severity of the violation

ARC (Autoridade Reguladora para a Comunicação Social), National Police Force, Municipal Police Force

Under Law No. 8/X/2022, Art. 28(1)(f), a violation of sponsorship provisions is subject to a fine between $1,000,000.00 (one million escudos) and $2,000,000.00 (two million escudos). The amount is reduced to between $500,000.00 (five hundred thousand escudos) and $800,000.00 (eight hundred thousand escudos) if the infraction is committed by an individual. Under Art. 29, if the person/entity who committed the violation is a repeat offender, the fine will be increased by a third or half of the minimum amount based on whether there have been one or more prior offenses. In addition, a violator’s license can be suspended or revoked (Art. 30(3), 31(1)(e)), and any marketing materials may be seized (Art. 31(1)(d)).

Under the Advertising Code, violations of tobacco sponsorship provisions are subject to a fine from 350,000 to 750,000 escudos or from 700,000 to 2,000,000 escudos, depending on whether the offender is a natural or legal person. In addition, the following additional penalties may be applied if it is deemed appropriate by regulatory body for the sector and the government body in charge of social communications: 1) seizure of objects used in the practice of administrative offenses; 2) temporary ban, up to a maximum of two years, of advertising; 3) deprivation of the right to a subsidy or benefit granted by public entities or services; and 4) temporary closure of the premises or establishments where the advertising activity is carried out, as well as the cancellation of licenses or permits.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties for violations of sponsorship provisions commensurate with the severity of the violation.