Amsterdam Law Forum (Dec 2009)
Tobacco, Market Economy and Market of Ideas Newest Developments Concerning Freedom of Commercial Speech
Abstract
<p class="MsoNormal" style="text-align: justify;"><span style="font-size: large;"><span style="font-size: 17px;"><span style="font-family: 'Times New Roman'; font-size: medium;">The paper highlights the link between market and freedom of expression with reference to the newest developments in the area of tobacco advertising in several legal systems (EU, Ireland, US, Canada). It analyses how courts in those systems assess the scope of the right to freedom of commercial speech and change the dynamics of the market. Tobacco restrictions influence demand and consumption levels, but also force development of new advertising techniques. The paper demonstrates the indirect impact of freedom of speech on the market as signpost on which advertising restrictions are judged with regard to the commercial speaker’s right to speak and the consumer’s right to receive information.</span></span></span></p>