cross border advertising: emerging issues and solutions prof andrew... · 1 melbourne law school...
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Melbourne Law SchoolCentre for Media and Communications Law
Cross Border Advertising:
Emerging Issues and Solutions
Andrew KenyonAssociate Professor and Director, CMCL--
Centre for Media and Communications Law
Regional Workshop, Singapore, 27–28 March 2008
www.law.unimelb.edu.au/cmcl
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www.law.unimelb.edu.au/cmcl
www.law.unimelb.edu.au/cmcl
‘Regulatory options for controlling tobacco
advertising, promotion and sponsorship under
Article 13 of the WHO Framework Convention on
Tobacco Control’
Andrew T Kenyon and Jason Bosland
November 2007
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www.law.unimelb.edu.au/cmcl
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
comprehensive ban
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Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
comprehensive ban
or restrictions where constitutional limitations
prevent comprehensive ban
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
domestic
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Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
domestic
cross-border
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
domestic
cross-border
including internet, satellite and mobile platforms
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Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
law within a multilayered approach
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
law and regulation
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Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
law and regulation
monitoring
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
law and regulation
monitoring
education
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Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
law and regulation
monitoring
education
international cooperation
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
law and regulation
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Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
law and regulation
not media specific
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
comprehensive ban
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Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
comprehensive ban
irrespective of medium
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
comprehensive ban
irrespective of medium
irrespective of whether
linear (scheduled) or non-linear (on-demand)
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Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
law and regulation
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
law and regulation
not entity specific
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Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
monitoring
Introductory points about Art 13
www.law.unimelb.edu.au/cmcl
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Regulatory options
www.law.unimelb.edu.au/cmcl
Regulatory options
www.law.unimelb.edu.au/cmcl
content bans
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Regulatory options
www.law.unimelb.edu.au/cmcl
content bans
should apply to
Regulatory options
www.law.unimelb.edu.au/cmcl
content bans
should apply to
content producers and
content providers
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Regulatory options
www.law.unimelb.edu.au/cmcl
obligations
Regulatory options
www.law.unimelb.edu.au/cmcl
obligations
should apply to
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Regulatory options
www.law.unimelb.edu.au/cmcl
obligations
should apply to
others only after they have notice of the content
Regulatory options
www.law.unimelb.edu.au/cmcl
obligations
should apply to
others only after they have notice of the content
content hosts, content navigators and
access providers
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Regulatory options
www.law.unimelb.edu.au/cmcl
Regulatory options
www.law.unimelb.edu.au/cmcl
content producers
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Regulatory options
www.law.unimelb.edu.au/cmcl
content producers
content providers
Regulatory options
www.law.unimelb.edu.au/cmcl
content producers
content providers
content hosts
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Regulatory options
www.law.unimelb.edu.au/cmcl
content producers
content providers
content hosts
content navigators
Regulatory options
www.law.unimelb.edu.au/cmcl
content producers
content providers
content hosts
content navigators
access providers
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Regulatory options
www.law.unimelb.edu.au/cmcl
Regulatory options
www.law.unimelb.edu.au/cmcl
content producers create content
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Regulatory options
www.law.unimelb.edu.au/cmcl
content producers create content
movie studios, television production
companies, advertising agencies
Regulatory options
www.law.unimelb.edu.au/cmcl
content producers create content
movie studios, television production
companies, advertising agencies
peer-produced internet content
and user-generated content
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Regulatory options
www.law.unimelb.edu.au/cmcl
Regulatory options
www.law.unimelb.edu.au/cmcl
content providers publish content
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Regulatory options
www.law.unimelb.edu.au/cmcl
content providers publish content
press publishers, broadcasters,
entities who select content before making it
available to internet users
Regulatory options
www.law.unimelb.edu.au/cmcl
content providers publish content
press publishers, broadcasters,
entities who select content before making it
available to internet users
aggregators of content that has been created by
others, e.g. iTunes and Amazon
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Regulatory options
www.law.unimelb.edu.au/cmcl
Regulatory options
www.law.unimelb.edu.au/cmcl
content producers
content providers
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Regulatory options
www.law.unimelb.edu.au/cmcl
content producers
content providers
banned from including tobacco advertising,
promotion or sponsorship within the
content they produce or make available
Regulatory options
www.law.unimelb.edu.au/cmcl
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Regulatory options
www.law.unimelb.edu.au/cmcl
content hosts store content
Regulatory options
www.law.unimelb.edu.au/cmcl
content hosts store content
they control internet-connected computer
servers on which content is stored
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Regulatory options
www.law.unimelb.edu.au/cmcl
content hosts store content
they control internet-connected computer
servers on which content is stored
some entities, e.g. Facebook and YouTube,
aggregate content that has been created by
others without selecting the content before
making it available to users
Regulatory options
www.law.unimelb.edu.au/cmcl
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Regulatory options
www.law.unimelb.edu.au/cmcl
content hosts
Regulatory options
www.law.unimelb.edu.au/cmcl
content hosts
obligation to remove or disable access to tobacco
advertising, promotion and sponsorship
once they have notice of the content
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Regulatory options
www.law.unimelb.edu.au/cmcl
Regulatory options
www.law.unimelb.edu.au/cmcl
content navigators facilitate location of content
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Regulatory options
www.law.unimelb.edu.au/cmcl
content navigators facilitate location of content
e.g. internet search engines
Regulatory options
www.law.unimelb.edu.au/cmcl
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Regulatory options
www.law.unimelb.edu.au/cmcl
access providers provide end-user access to the
communications service
Regulatory options
www.law.unimelb.edu.au/cmcl
access providers provide end-user access to the
communications service
internet service providers (ISPs)
provide access to end users
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Regulatory options
www.law.unimelb.edu.au/cmcl
Regulatory options
www.law.unimelb.edu.au/cmcl
content navigators
access providers
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Regulatory options
www.law.unimelb.edu.au/cmcl
content navigators
access providers
obligation to disable access to tobacco
advertising, promotion and sponsorship
once they have notice of the content
Regulatory options
www.law.unimelb.edu.au/cmcl
content navigators
access providers
obligation to disable access to tobacco
advertising, promotion and sponsorship
once they have notice of the content
in light of what is technically possible
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Regulatory options
www.law.unimelb.edu.au/cmcl
DBS
www.law.unimelb.edu.au/cmcl
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DBS
www.law.unimelb.edu.au/cmcl
content producers
content providers
DBS
www.law.unimelb.edu.au/cmcl
content producers
content providers
satellite access providers (where subscription)
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DBS
www.law.unimelb.edu.au/cmcl
content producers
content providers
satellite access providers (where subscription)
satellite infrastructure providers
www.law.unimelb.edu.au/cmcl
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www.law.unimelb.edu.au/cmcl
‘Regulatory options for controlling tobacco
advertising, promotion and sponsorship under
Article 13 of the WHO Framework Convention on
Tobacco Control’
Andrew T Kenyon and Jason Bosland
November 2007
Melbourne Law SchoolCentre for Media and Communications Law
www.law.unimelb.edu.au/cmcl