13. Advertising of tobacco and tobacco products

(1) Subject to the provisions of this section, no person shall publish, or arrange for any other person to publish any tobacco advertisement in Botswana.

(2) Nothing in subsection (1) shall apply to any price list given to retailers of tobacco or tobacco products if the price list includes a health warning conforming to the requirements of subsection (4).

(3) Nothing in subsection (1) shall apply to any advertisement appearing in any book, magazine or newspaper printed outside Botswana, or in any radio or television transmission originating outside Botswana, or in any film or video recording made outside Botswana unless-

(a) the principal purpose thereof is the promotion of the use of tobacco or tobacco products; or

(b) it is intended for sale, distribution or exhibition primarily in Botswana; or

(c) in the case of an advertisement in any radio or television transmission, it is targeted primarily at a Botswana audience.

(4) The health warning referred to in subsection (2) means and includes-

(a) a warning that the use of the product can be injurious to health; and

(b) a list of any constituents of the product that are declared in regulations made under this Act to be harmful constituents for the purposes of this section, and the respective quantities of such constituents in the product.