Addressing the harmful use of alcohol - WHO Western Pacific Region

Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation
often argue that limitations on advertising or the requirement to display a health warning on
containers for example, amount to a limit on freedom of speech and expression.
However, most constitutions provide for limitations on the right to freedom of speech and
expression – particularly in respect of commercial interests. Constitutions will often include a
statement acknowledging the right of the parliament of the country concerned to make laws
for the peace, good order, and good government of the country. It may be expressly stated that
an individual has duties to others and accordingly needs to be subject in the exercise of his/
her rights and freedoms to such limitations as are imposed by any enactment or rule of law
for protecting the rights and freedoms of others or in the interests of public safety and order,
or the general welfare or the security of the country concerned. 3
Thus, even though freedoms of expression and speech are recognized as important, most
constitutions will not prevent lawmakers from restricting this right where it is detrimental to
the public as a whole. Many countries impose restrictions on such things as the promotion of
discrimination or hate crimes, censor broadcasts and publications, and more recently, have
imposed restrictions on tobacco advertising and legislated for bans on smoking in certain
places. The evidence to justify such measures (on public health grounds) is strong.
Periodic review
Differences in local circumstances, cultures and regulatory frameworks will mean that similar
legislation and even similar options for implementation will play out differently in different
countries. Systems of operation and enforcement for licensing, RBT or marketing may involve
responsibilities and practices by different agencies or at local and national level and are likely
to require a “bedding in” period after which it is appropriate to review how well the system is
operating and what changes or adjustments can be made to improve its operation.
It may be appropriate for legislation or the national alcohol policy underlying legislation
to include a requirement or expectation of an operational and legislative review after five
years. National alcohol policy documents can include a requirement for periodic review of the
operation of the legislation and policy strategies adopted.
3 Paraphrased from the Constitution of the Cook Islands (as at 1 November 1998).
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