TOBACCO CONTROL LAWS

TAPDK v. Dagli

A tobacco control advocate made statements in the news that were critical of the national tobacco regulatory agency and its relationship with tobacco companies.  The government agency sued for defamation and libel. The court decided that the statements in the news article in question were made in concurrence with the rights to report news and to criticize and inform the public. They were in compliance with apparent reality, constituted current news, and could not be considered as personal tort. The court further maintained that the publication of the news article was for public good and for public interest. Based on the above, the court decided to dismiss the libel case of TAPDK.

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Tobacco and Alcohol Markets Regulatory Authority v. Dali, Decision No. 2011/187, 23rd Civil Court of First Instance of Ankara, 2011.

  • Turkey
  • May 31, 2011
  • 23rd Civil Court of First Instance of Ankara

Parties

Plaintiff TAPDK - Tutun Ve Alkol Piyasasi Duzenlem

Defendant

  • Bulent Sanlikan
  • Elif Dagli
  • Mehmet Bulent Ergin
  • Mustafa Dolu
  • T Medya Yatirim San.ve Tic A.S.

Legislation Cited

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Industry Action against Individual
The tobacco industry may attack an individual or organization in court. For example, a tobacco company may sue a tobacco control advocacy organization for defamation. Another example is a suit in which a tobacco company sought burdensome document production from a University under a freedom of information claim.

Tobacco Control Topics

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)

Substantive Issues

Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Defamation
Public statements may be defamatory, because they falsely provide a negative image or harm the reputation of individuals, organizations, or corporations.

Type of Tobacco Product

None

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