| (5) | Advertisements, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products, which appear in any— |
| (a) | book, magazine or newspaper printed; or |
| (b) | film or video transmission made |
outside the Republic are exempted from the provisions of section 3 of the Act.
| (6) | The exemption referred to in clause 5 does not apply in an instance where— |
| (a) | the primary purpose of such a book, magazine, newspaper, film or video is the promotion of the use of tobacco or tobacco products; |
| (b) | such a book, magazine or newspaper is intended for sale, distribution or exhibition primarily in the Republic; or |
| (c) | such an advertisement in any radio or television or any other electronic transmission is targeted primarily at people living in the Republic. |
| (7) | Persons who import and distribute in South Africa books, magazines, newspapers, pamphlets, videos and/or films that contain tobacco advertisements must submit to the Director-General of Health, annually, a list of the names of all such books, magazines, newspapers, pamphlets, videos and/or films, together with their countries of origin, and the numbers of copies imported and distributed by them. |
