Regulatory Options for Controlling Tobacco Advertising, Promotion and Sponsorship Under Article 13 of the Who Framework Convention on Tobacco Control

28 Pages Posted: 4 Oct 2010

See all articles by Andrew T. Kenyon

Andrew T. Kenyon

University of Melbourne Law School

Jason John Bosland

University of Melbourne; University of Melbourne - Centre for Media and Communications Law

Date Written: October 4, 2010

Abstract

This report examines regulatory options for controlling tobacco advertising, promotion and sponsorship under Article 13 of the WHO Framework Convention on Tobacco Control.

The paper considers these options and issues concerning direct broadcast satellites, the types of protection offered under many laws to content hosts, content navigators and access providers, user-generated content, and jurisdiction and related matters. This suggests the general approach that could be taken to controlling tobacco advertising, promotion and sponsorship in all forms of media and communication could be:

1) To control all tobacco advertising, promotion and sponsorship that is domestic, including tobacco advertising, promotion and sponsorship that users of any media and communication platform can access within the territory of a Party wherever that content originated:

- through content bans that would apply to content producers and content providers; and - through notice and obligation schemes that would apply to content hosts, content navigators and access providers.

2) To control all tobacco advertising, promotion and sponsorship with cross-border effects produced or made available by entities operating within the territory of Parties, where those entities act as content producers or providers:

- through content bans that would apply to content producers and content providers.

Keywords: tobacco, World Health Organisation, advertising, promotion, sponsorship

JEL Classification: K00, K19, K39

Suggested Citation

Kenyon, Andrew T. and Bosland, Jason John, Regulatory Options for Controlling Tobacco Advertising, Promotion and Sponsorship Under Article 13 of the Who Framework Convention on Tobacco Control (October 4, 2010). Available at SSRN: https://ssrn.com/abstract=1686845 or http://dx.doi.org/10.2139/ssrn.1686845

Andrew T. Kenyon (Contact Author)

University of Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
61 3 8344 9972 (Phone)
61 3 9348 0973 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/cmcl/

Jason John Bosland

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

University of Melbourne - Centre for Media and Communications Law ( email )

Victoria 3010
Australia

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