Promoting compliance and enforcement of the tobacco advertising ban in China through legal actions and media advocacy by public interest lawyers
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1
Beijing Impact Law Firm, China
2
Campaign for Tobacco-Free Kids, China
3
Campaign for Tobacco-Free Kids, United States of America
Publication date: 2018-03-01
Tob. Induc. Dis. 2018;16(Suppl 1):A455
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ABSTRACT
Background and challenges to implementation:
The Amended Advertising Law took effect in September 2015. This national law prohibits
tobacco advertising in mass media and in public places. It also bans any kind
of tobacco advertising targeting minors. The Chinese tobacco industry has tried
to circumvent the law by advertising tobacco products indirectly. The
enforcement agency, State Administration for Industry and Commerce and its
provincial and local bureaus, do not have enforcement guidelines, lack funds
and incentives to enforce the law. Violations, particularly at points of sales,
are common.
Intervention or response:
Beijing
Impact Law Firm (BILF) built a public Interest lawyers alliance for tobacco
control covering 15 cities in China. Through training workshops, frequent
communications and experience sharing on social media, BILF facilitated the
communications among these lawyers and supported them in taking actions in
their cities to promote compliance and enforcement of the Revised Advertising
Law. These actions included monitoring, collecting evidence, taking legal
actions such as litigation and filing complaints, and media advocacy.
Results and lessons learnt:
From
2013 to 2016, the network of public interest lawyers took 52 legal
actions, 36 received official response, and 31 advertisements were removed as a
result. Two successful examples have
demonstrated that the monitoring and actions taken by lawyers resulted in
enforcement and compliance. The media advocacy efforts during the legal actions
resulted in wide media coverage, which effectively promoted public
understanding of the law and the wrong-doing of the tobacco industry. Legal
actions by public interest lawyers coupled with media advocacy can effectively
promote enforcement and compliance. The alliance of public interest lawyers has
served as a platform for the lawyers to exchange experience and share lessons
learns.
Conclusions and key recommendations:
Lawyers
and lawyer networks are an important ally for tobacco control in China. More
lawyers should be mobilized to monitor and improve implementation of tobacco
control policies.
CITATIONS (1):
1.
Protecting minors from tobacco products: public interest litigation enables enforcement in China
Yuxian Cui, Sihui Peng, Lauren Czaplicki, Tingzhong Yang
Tobacco Control