Malta

The law prohibits tobacco advertising on domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio.

The law prohibits tobacco advertising in the press and other printed publications, which includes domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic newspapers and magazines.

The law prohibits tobacco advertising in the press and other printed publications, with the exception of tobacco trade publications and publications intended for export (not a local market). Publications include “any material whatsoever, on which are visible any word, picture or other message,” which includes pamphlets, leaflets, flyers, posters, and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other domestic print media.

The law prohibits tobacco advertising in information society services, which includes internet communications. However, as with the press, publication on the internet may be allowed where it is not principally intended for the local market. Therefore, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion through internet communications, including all cross-border internet communications.

The law prohibits tobacco advertising on television, radio, and other broadcasting mediums. While there is an exemption for foreign newspapers and magazines imported into Malta, there is no similar exemption for cross-border TV, radio, and other broadcast media. Therefore, the law is interpreted as prohibiting tobacco advertising on international TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on international (cross-border) TV and radio.

Tobacco advertising is permitted in international publications that are not principally intended for the local market and in foreign newspapers or magazines imported into Malta whose main purpose is not that of tobacco advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion in international (cross-border) newspapers and magazines.

The law prohibits tobacco advertising in any “printed publication,” which includes “any article, of any material whatsoever, on which are visible any word, picture or other message.” Therefore, outdoor advertising is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.

The law prohibits tobacco advertising in any “printed publication,” which includes “any article, of any material whatsoever, on which are visible any word, picture or other message.” The law also bans tobacco advertising on any object, whether movable or not. Each of these provisions is interpreted to prohibit point of sale advertising and promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.

Tobacco packaging “used in such a manner as to be deemed as advertising of the tobacco product” is prohibited at point of sale. This is interpreted as prohibiting prominent display of tobacco product packaging, but not all visibility of tobacco product packaging. Therefore, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all point of sale product display.

The law prohibits tobacco advertising in any “printed publication,” which includes “any article, of any material whatsoever, on which are visible any word, picture or other message.” Therefore, tobacco advertising through conventional mail is prohibited, as it requires “printed publication.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

The law does address tobacco advertising via telephone or cellular (mobile) phone. Therefore, the law is interpreted as allowing such advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion through telephone and cellular phone.

The law prohibits tobacco advertising on any object, whether movable or not. This provision is interpreted as prohibiting all tobacco brand marking on buildings, structure, equipment, or vehicles or anything else is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on physical structures.

The law prohibits the free distribution of tobacco products in the context of sponsored international events. However, the law is silent regarding free distribution of tobacco products in other contexts. Therefore, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and to meet FCTC Art. 16, the law should prohibit all free distribution of tobacco products.

The law prohibits the use of lotteries and other gift schemes intended for the promotion and advertising of any cigarettes, tobacco, and tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.

The law prohibits the use of lotteries and other gift schemes intended for the promotion and advertising of any cigarettes, tobacco, and tobacco products. This is interpreted as prohibiting competitions associated with tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

The law does not address direct person-to-person targeting of individuals. Therefore, the law is interpreted as allowing direct person-to-person targeting of individuals.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit direct person-to-person targeting of individuals.

The law requires products and services to present their brand names, trademarks, and logos in a manner that is distinct from those used for tobacco products. This is interpreted as prohibiting brand stretching.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

The law prohibits tobacco products from using the trademarks or brand names of non-tobacco products or services.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching.

The law prohibits the import, manufacture, sale, supply, and distribution of candy or toys that resemble cigarettes, cigars, or smoker’s pipes.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

The law prohibits the import, manufacture, sale, supply, and distribution of candy or toys that resemble cigarettes, cigars, or smoker’s pipes.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

The law does not address retailer incentive programs. In addition, the definition of “advertising” covers only commercial communication and not commercial actions or recommendations. Therefore, the law is interpreted as permitting retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit retailer incentive programs.

The law prohibits tobacco advertising in TV, film, or broadcast media. “Advertising” includes any form of commercial communication with the aim of directly or indirectly promoting tobacco products. Read together, the law prohibits paid placement of tobacco products in TV, film, or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and other media.

The law prohibits smoking in any television studio in any debate, discussion, or other program broadcast locally for public viewing whether live or pre-recorded. This is interpreted to prohibit unpaid depiction of tobacco use in local TV broadcasts. The law does not expressly ban unpaid depiction of tobacco use in film or international broadcasts. However, the law requires cinemas to show a health warning before and during the intermission of films, and requires broadcasters to show a health warning immediately before any film or program that depicts smoking or tobacco products. Therefore, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit unpaid depiction of tobacco use or tobacco products in TV, film, and other entertainment media that does not serve a legitimate purpose.

The law prohibits tobacco industry sponsorship of radio, television, and other broadcast programs. The law also prohibits sponsorship of events or activities involving or taking place in more than one Member State of the European Union or otherwise having cross-border effects. The law is silent regarding sponsorship of domestic events and activities. It is also silent regarding sponsorship of individuals or organizations. Therefore, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, whether cross-border or domestic, including tobacco industry sponsorship of all events, activities, individuals, organizations, and governments.

While some forms of tobacco sponsorship are permitted, publicity of sponsorship is prohibited through the general ban on tobacco advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship or support by the tobacco industry.

The law broadly bans tobacco advertising by broadcast and print media and via the internet. The law also prohibits packaging and labeling creating an erroneous impression about the product’s characteristics, health effects, risks or emissions; or suggests that a particular tobacco product is less harmful than others. The prohibition includes, but is not limited to, texts, symbols, names, trademarks, figurative or other signs. Taken together, these provisions prohibit promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about the tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the promotion of tobacco products by false, misleading or deceptive means.