Alcohol Advertisement (Health Warning) Act 1993

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1993/Acts/Alcohol%20Advertisement%20%28Health%20Warning%29%20Act%201993.pdf

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Alcohol Advertisement (Health Warning) Act 1993
The Laws of Bermuda
Annual Volume of Public Acts 1993 : 50

1

BERMUDA
1993 : 50

ALCOHOL ADVERTISEMENT (HEALTH WARNING) ACT 1993

ARRANGEMENT OF SECTIONS

1 Short title and
commencement

2 Interpretation
3 Alcohol advertisement in

printed publications;
Schedule

4 Health warning when
alcohol advertisement
displayed; Schedule

5 Meaning of alcohol
advertisement

6 Offence and penalty
SCHEDULE

[Date of Assent 20 July 1993]

[Operative Date 1 January 1994]

WHEREAS it is expedient to provide for the display of a health
warning in respect of alcohol advertisements and for matters connected
therewith:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and commencement
1 This Act may be cited as the Alcohol Advertisement (Health
Warning) Act 1993 and shall come into operation on such day as the
Minister responsible for health may appoint by Notice published in the
Gazette.

ALCOHOL ADVERTISEMENT (HEALTH WARNING) ACT 1993

2

Interpretation
2 In this Act, unless the context otherwise requires —

"advertisement" means any announcement to members of the
public made or to be made in a printed publication;

"alcohol" means spirits, liqueurs, wine, beer, cider, perry or other
fermented, distilled or spirituous liquor;

"alcohol advertisement" has the meaning assigned to it by
section 5;

"brand", except in section 5(3), includes a brand product, that is
to say, a variety of a brand marketed as having qualities
differing from another variety of that brand;

"newspaper" has the meaning assigned to it by the Printed
Publications Act 1971;

"printed publication" means a publication to which section 3(2)
applies;

"publish" in relation to an advertisement means making known
an advertisement in a printed publication.

Alcohol advertisement in printed publications; Schedule
3 (1) No person shall print or publish an alcohol advertisement in
a printed publication to which this section applies unless the
advertisement bears the health warning as set out in the Schedule.

(2) This section applies to—

(a) any newspaper with majority ownership by Bermudians
printed or published in Bermuda;

(b) any periodical, magazine or other publication with
majority ownership by Bermudians printed or published
in Bermuda.

Health warning when alcohol advertisement displayed; Schedule
4 No person shall—

(a) display; or

(b) publish or distribute for the purpose of display,

an alcohol advertisement in writing or other permanent form or semi-
permanent form unless the advertisement bears the health warning as
set out in the Schedule.

The Laws of Bermuda
Annual Volume of Public Acts 1993 : 50

3

Meaning of alcohol advertisement
5 (1) For the purposes of this Act an advertisement is an alcohol
advertisement if it—

(a) contains any express or implied inducement, suggestion
or request to purchase alcohol; or

(b) relates to the consumption of alcohol in terms which are
calculated, expressly or impliedly, to promote or
encourage the use of alcohol.

(2) An advertisement which—

(a) mentions

(i) the name or trade name of any person
associated with the marketing of alcohol; or

(ii) a brand name of alcohol; or

(iii) any pictorial device commonly associated with
what is specified in subparagraph (i) or (ii); or

(b) illustrates or mentions the consumption of alcohol or
alcohol or its bottling, canning or packaging or quality,

shall be deemed to be an alcohol advertisement unless the contrary is
proved.

(3) Notwithstanding subsection (2), no advertisement is
regarded as an alcohol advertisement only because it uses the name or
trade mark or a brand name of, or otherwise identifies, a person
associated with the manufacture or marketing of alcohol, as the sponsor
of an event or as congratulating another person or thing on an
achievement of, or event relating to, that person or thing.

Offence and penalty
6 (1) Any person who violates section 3(1) or 4 commits an
offence.

Punishment on summary conviction: a fine of $5,000 and in the
case of a continuing offence a further fine of $500 for every day during
which the offence continues.

(2) In any proceedings for a violation of section 3(1) it is a
defence for the person charged to prove that the advertisement to which
the proceedings relate was printed or published in such circumstances
that he did not know and had no reason to believe he was taking part in
the printing or publication thereof.

ALCOHOL ADVERTISEMENT (HEALTH WARNING) ACT 1993

4

SCHEDULE Sections 3(1), 4

Health Warning in Alcohol Advertisements

The health warning shall be "EXCESSIVE ALCOHOL
CONSUMPTION MAY BE HARMFUL TO YOUR HEALTH".