Indonesia

Tobacco Products Sponsorship, hereinafter called Sponsorship, means all forms of direct or indirect contributions in the form of funds or otherwise, by means of a variety of activities conducted by institutions or individuals, with the objective of exerting influence through promotion or use of tobacco products.

The definition of “tobacco products sponsorship” is narrower than the FCTC definition of “tobacco sponsorship” because it does not include individuals or events as potential recipients of contributions. Although the definition includes the concepts of promoting a tobacco product or tobacco use, the definition also does not indicate that the contributions may have the “aim, effect or likely effect” of tobacco promotion “either directly or indirectly.” A definition of “tobacco sponsorship” should be provided in accordance with FCTC Art. 1(g).

Commercial Advertising of Tobacco Products, hereinafter referred to as Tobacco Products Advertising, means commercial advertising with the aim of introducing and/or promoting goods to a target audience to influence consumers to use the tobacco products offered.

Promotion of Tobacco Products means activities to introduce or disseminate information about a tobacco product to generate consumer desire to buy tobacco products that will be and are being traded.

Unlike the FCTC definition, the PP definitions do not include the concepts of a “commercial communication, recommendation or action” which has the “aim, effect or likely effect” of promoting tobacco products or tobacco use. Omitting these conceptual frameworks from this key term may make interpretation of many provisions difficult and precludes the application of a comprehensive ban on advertising, promotion and sponsorship as provided by FCTC Art. 13 and the FCTC Art. 13 Guidelines. A definition of “tobacco advertising and promotion” should be provided in accordance with FCTC Art. 1(c).

Tobacco Product means a product that is wholly or partly made of tobacco leaf as its raw material that is processed for use by burning, sucking, and inhaling or chewing.

The definition of “tobacco product” aligns with the definition provided in FCTC Art. 1.

Smokeable means a Tobacco Product intended to be burned and sucked and/or its smoke inhaled, including kretek [clove] cigarettes, white cigarettes, cigars or other forms produced from the nicotiana tabacum, nicotiana rustica, and other species of plants or their synthesized equivalents which contain nicotine and tar, with or without additives.

Although Government Regulation (PP) 109 of 2012 provides a definition of “tobacco product,” some articles regarding tobacco advertising, promotion and sponsorship only apply to smokeables which impacts and narrows the scope of these articles. Using the term “smokeable” in some parts of the PP and “tobacco products” in other parts of the PP renders the PP ambiguous and needlessly confusing.