Maldives

“Sponsorship of tobacco” means to represent, either directly or that there is a partnership or connection with a manufacturer or seller of a tobacco product, in relation to the following, or to use in the following activities, things, or places, in any manner, anything that symbolises such person related to tobacco.

(1) Entertainment activities, sports competitions, educational and literary activities, cultural and fashion related activities, and other such types of work, activities, shows, movies and videos;

(2) A person or person involved in the aforementioned activities, clothing and uniform of such person, and their accessories;

(3) Activities conducted in public places or places where members of the public gather.

(4) Except for places where tobacco products are manufactured, other buildings, educational facilities, open areas and public places.

The law’s definition of “sponsorship of tobacco” does not align with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g). It is limited to certain types of events, activities, and individuals and exempts “places where tobacco products are manufactured, other buildings, educational facilities, open areas and public places.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship in accordance with the definition provided in FCTC Art. 1(g).

“Advertise” means making public, information on tobacco products, their brands, manufacturers, and sellers, either directly or indirectly through different mediums on a commercial basis, and promotional activities conducted to sell or increase the sale of tobacco products or brands. Tobacco advertisement shall be sounds, songs, and music, in addition to names, phrases, slogans, letters, numbers, pictures, drawings, designs, logos, colours and other such things used on a tobacco product, its brand, or used by a manufacturer or seller of tobacco products, or such things that refer to the aforementioned things or persons.

“Promotion and promotional activities” means, including but not limited to advertising, supply of tobacco products gratuitously or as gifts or other business promotion activities conducted with a view to increase the sale of tobacco products

Read together, the law’s definitions of "advertise” and “promotion and promotional activities" mostly align with the definition of "tobacco advertising and promotion" provided in FCTC Art.1(c).

The definition of “advertise” is broader in the sense that it includes communication and promotional activities that increase the sale of not only tobacco products but brands as well. However, to fully align with the FCTC definition, the definition should also includes commercial actions that have the effect or likely effect of promoting tobacco. In order to cover the full range of tobacco advertising and promotion, the law should include the broader definition as provided for in FCTC Art. 1(c).

“Tobacco product” means tobacco, tobacco stems, products prepared from tobacco and tobacco stems, or products in which those ingredients are present.

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

To more fully align, the definition could make clear that tobacco products are manufactured to be used for smoking, sucking, chewing or snuffing as provided in the definition in FCTC Art. 1(f).

“Person” means all persons with legal personality, including natural persons, companies, and legal entities recognised by any other Act

The definition of “person” is significant because it clarifies the scope of who may be penalized for violating the law.