The proposals to expand restrictions on advertising, promotion and sponsorship of tobacco products that the World Health Organization wants to adopt go too far and constitute an attempt to restrict freedom of expression, says former Deputy Minister of Finance and member of the Monetary Policy Council Elżbieta Chojna . -Duch.
– Freedom of expression is one of the fundamental values of democratic countries. In Poland it is protected in accordance with Art. 54 of the Constitution. This provision guarantees freedom of expression and the dissemination of information. Any attempt to restrict freedom of expression is unacceptable from the point of view of the legal order, Chojna-Duch said in an interview with ISBnews.
According to proposals published before the November summit of the Framework Convention on Tobacco Control (FCTC) in Panama, the World Health Organization wants to expand the scope of art. 13 relating to the promotion, advertising and sponsorship of tobacco products. The new regulations will include: social media, the world of culture, media, science, entrepreneurs and trade unions. The WHO proposes a broad interpretation of the new regulations, without specifying its legal limits.
WHO attacks the tobacco industry
– General and non-specific recommendations, even those supported by the European Commission, cannot replace the sovereign decisions of parliaments, both national and European. The Treaty on the Functioning of the EU determines the powers of the bodies and the legislative procedure applicable to the European institutions. The method of direct implementation of the provisions of the WHO Framework Convention into national legal systems would be contrary to Polish and European law, Chojna-Duch emphasized.
She pointed out that, in accordance with WHO guidelines, any mention of smoking or tobacco appearing in public spaces may be punished. Penalties may apply to journalists who write about the extent of addiction in society, because the use of information about cigarette smoking, photos or videos showing smokers could be considered advertising for the tobacco industry. The restrictions will also apply to the cultural world, as the World Health Organization wants to erase all mentions of addiction in films, series and other works of popular culture.
– In this case, the ban on publishing all information on tobacco will mean that the Central Bureau of Statistics will not be able to provide complete information on public health and that listed companies in this sector will not be able to publish periodic reports. The possible punishment of these types of statements will lead to unnecessary and irrational involvement of the Polish legal system, the lawyer said.
Union members appeal
Part of the regulations concerns the possibility for tobacco manufacturers and trade unions to provide information about their activities. – WHO recommendations are not a source of law and this organization does not act as a supervisor. The recommendations can form the basis for discussions and analyses, but must be adopted by parliaments into the legal order, Chojna-Duch said.
Trade unions active in Poland’s tobacco industry also criticize the WHO’s recommendations. In a letter to the Prime Minister, representatives of the National Branch of the Tobacco Industry Workers of NSZZ “Solidarność” Mateusz Morawiecki ask for personal involvement in the defense against the planned restrictions. “The sector that provides income to more than 100,000 people in Poland will not be able to inform them publicly, for example about newly created jobs, vacancies or development and investment plans,” the union members wrote.
Source: Do Rzeczy
Roy Brown is a renowned economist and author at The Nation View. He has a deep understanding of the global economy and its intricacies. He writes about a wide range of economic topics, including monetary policy, fiscal policy, international trade, and labor markets.
