The Constitutionality of Cosmetics AdvertisingRegulation in Commercial Speech

• Main Authors: Szu-ChiLin, 林思琦
• Other Authors: Wei-In Tsai
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/4y48sy

碩士 === 國立成功大學 === 法律學系 === 104 === According to Law for the Control of Cosmetic Hygiene, cosmetics advertisements are controlled, the regulations are provided in Law for the Control of Cosmetic Hygiene article 24, and the regulations are pre-review counter and control of advertising contents. Pre-review counter means if the companies want to promote or broadcast cosmetic advertisements on communication tools, like on television, newspapers, magazines and so on…, they should apply to competent authorities for approval. Control of advertising contents means contents of cosmetic advertisements are controlled by rules, and there are prohibition of obscene, immoral, or false and misleading contents. Because I want to concentrate on specific study, focus on rule of prohibition of false and misleading. The Constitution Article 11 says “The people shall have freedom of speech, teaching, writing and publication” , this is the right that our country give us. The Justices emphasized the importance of freedom of speech in J.Y. Interpretations many times, but there are still arguments of the protection degree of commercial speech. Because I think there are conflicts between cosmetics advertising regulations with freedom of speech, I study the relationship of them thoroughly . I discuss the regulations of constitutionality, refer to other advertisement regulations home and abroad, view whether there are corrections and improvements of cosmetics advertising regulation in our country, propose legislative amendments, and hope to bring breakthrough ideas and suggestions.