THE government is drafting a law that could potentially make the advertisement, promotion, and sponsorship of alcohol and other dependence-inducing substances in Namibia illegal.

The draft bill, seen by The Namibian and titled 'The Prevention and Treatment of Substance Use', aims to curb the negative impacts of certain substances, among other things.

The proposed law would therefore ban the advertisement and promotion of highly addictive and illegal narcotic drugs that affect mental performance, and cause changes in mood, awareness, thoughts, feelings, or behaviour.

This includes substances such as heroin, dagga, alcohol and other intoxicating substances.

By implication, this would include commercially produced alcoholic beverages.

TIGHT GRIP ON SERVICE PROVIDERS

Among the many aims and objectives of the draft bill is a proposal to establish a National Drug Control Commission and regional substance use control forums, which would be tasked with registering all service providers - producers, importers and retailers who distribute substances targeted under the proposed law.

The above-mentioned commission would also establish the administrative and regulatory framework "within which service providers must provide their services".

It will further provide for a comprehensive national response to combat the use of substances, and to reduce the demand for and harm caused by substance use.

The Ministry of Health and Social Services, which is leading the process to draft this bill, engaged stakeholders and affected industries to submit inputs between May and September this year.

Minister of justice Yvonne Dausab this week said the bill has not been submitted to the Cabinet yet, or to the Cabinet Committee on Legislation for consideration.

She said the bill has undergone various changes, which could eventually affect the form of the proposed law.

LUMPED TOGETHER

An association of commercial alcohol producers, called the Self-Regulating Alcohol Industry Forum (Saif) has, however, raised concerns over some parts of the draft bill - especially over sections curtailing the advertisement and promotion of their products.

Major alcoholic beverage producers, such as the Namibia Breweries Limited and Camelthorn, are members of this association.

Saif's coordinator, Horst Heimstadt, this week said the proposed law could have a far-reaching negative impact on the alcohol and advertising industry.

He took issue with the government grouping commercially produced alcohol and illegal substances together.

He said should the government proceed to enact the concerned bill in its current format, various sectors, such as sport and youth development, which depend on sponsorships and other support from alcohol producers and distributors could be heavily affected.

"The proposed bill would have detrimental consequences for the entire alcohol industry and all the affiliated organisations, as it proposes to prohibit any brand-related sponsorships, all advertising, and any special deals on alcoholic beverages," he said.

He said the alcohol industry was already doing well with its public campaigns to curb alcohol abuse.

"Alcohol abuse is devastating to the minority of Namibians, that is why industry players have taken the responsibility to encourage responsible consumption of alcoholic beverages very seriously.

"While the formal industry, through Saif and individual organisations, has over the years contributed substantially in addressing issues such as driving under the influence of alcohol, marketing practices, underage drinking, and the general promotion of the responsible use of alcohol, there is a collective understanding within the industry that we need to do more," he said.

PROHIBITED

Under the draft bill, the publication, display, and broadcast of advertisements relating to the use of the substances, including the use of substance trademarks, logos, brand names, or company names used on substances or substance containers, will be banned for entities or individuals who are not retailers of substances or substance products, indicated by a notice at points of sale.

Permissible advertisements, broadcasts, or promotions for such substances should only indicate the availability of substances or substance products, and the price of substances or substance products as regulated by any other legislation relating to the sale of goods in Namibia.

The use of substance trademarks, logos, brand names, or company names on substance products for the purposes of advertising "any organisation, service activity or event" will also be banned under the draft law.

Companies that produce, import, or distribute substances or substance products as defined under the draft bill would be prohibited from organising or promoting any organised activity in the country or make financial contributions towards such events or individuals for the purposes of organising or promoting such events.

The sale and display of replica toys or confectionary products at retail and wholesale points, or any other places where business is conducted, would also be banned.

This bill would empower the minister responsible to prescribe a period for the phasing out of existing sponsorship or contractual obligations of matters relating to advertisements of substances or substance products, the draft bill says.

A person who would contravene or fail to comply with this draft law could be punished with a fine not exceeding N$200 000 or with imprisonment for a period not exceeding 10 years, or to both.

The draft bill further states that manufacturers, distributors, importers, and retailers of substance products would be prohibited from distributing or supplying any substance or substance product to any person for subsequent distribution "for free, or at a reduced price, other than a normal trade discount".

Gift offers, cash rebates, or the right to participate in any contest, lottery or game, to any person to entice them to purchase or provide proof of purchase of a substance or substance product would also be prohibited.

The executive director of health and social services, Ben Nangombe, could not be reached for comment.

Copyright The Namibian. Distributed by AllAfrica Global Media (allAfrica.com)., source News Service English