英文摘要 |
The tobacco control laws of various countries all stipulate that tobacco manufacturers shall not sponsor activities with the name of the tobacco product and/or the name of the tobacco manufacturer in order to promote tobacco products or enhance the image of the tobacco products. Article 9(8) of the Tobacco Hazards Prevention Act seems to prohibit sponsoring activities under the name of tobacco products, but due to the wording of the article 9(8) is not clear, whether the scope of the prohibition includes the name of the tobacco manufacturer is controversial. In August 2020, the Justices issued Interpretation No. 794 Interpretation, which held that this provision complies with the principle of clarity and definiteness of law, and the restrictions on tobacco sponsorship do not infringe the freedom of speech. This paper compares the US and Canadian courts’constitutional judgments on tobacco advertising and sponsorship restrictions, and analyzes the review standards adopted by them, as well as the specific review operations and results. Through comparison, we can clearly see the difference between Justice’s constitutional interpretation operation and that of the United States. Among them, the operation of the principle of clarity and definiteness of law is too loose. Regarding freedom of speech, although the language of American censorship standards is used on the surface, the actual operation is closer to that of Canada and is relatively loose. |