British American Tobacco South Africa (Pty) Ltd v Minister of Health (463/2011)
British American Tobacco South Africa (Pty) Ltd v Minister of Health (463/2011) [2012] ZASCA 107; [2012] 3 All SA 593 (SCA) (20 June 2012)
The Supreme Court of Appeal held that s 3(1)(a) of the Tobacco Products Control Act, as amended, does limit the right to freedom of expression for tobacco manufacturers and consumers by prohibiting advertising and promotion, including one-to-one communications. However, this limitation is reasonable and justifiable under s 36(1) of the Constitution, given the compelling public health interests, South Africa's international obligations under the WHO Framework Convention on Tobacco Control, and the need to protect citizens from the harmful effects of tobacco. The Court found that less restricti…
Source excerpt
- Freedom Of Expression
- Commercial Speech
- Tobacco Advertising Regulation
- Bill Of Rights Limitation
- Public Health Policy