Brian Hioeby Brian Hioe
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Photo Credit: Screenshot
AN INVESTIGATION LAUNCHED by the Health Promotion Administration has resulted in the removal of the anime Chainsmoker Cat from streaming platform Bahamut Animation Crazy. This occurred after complaints by the John Tung Foundation, the Taiwan Anti-Smoking Alliance, and other groups that the anime promoted smoking.
In particular, Bahamut Animation Crazy removed the anime before the investigation was complete. No investigation report or removal order had yet been issued. Other streaming platforms have done similarly with the show.
As such, animation groups such as the ACGN Creative Rights Association have protested an act they view as potentially having a widespread chilling effect. The investigation could have resulted in fines of up to 1 million NT.
Minister of Health and Welfare Shih Chung-liang has stated that the show did not obscure tobacco brands or contain warnings about the dangers of tobacco during scenes of smoking, which is required under the Tobacco Hazards Prevention Act.
Nevertheless, the show already contains disclaimers about the dangers of excess drinking and smoking. Likewise, the show’s plot generally follows the zany and humiliating antics of the main character because of their debilitating nicotine addiction. It is hard to think that the show is a positive depiction of smoking.
The ACGN Creative Rights Association has further criticized that the anime was broadcast in a late-night time slot and has a PG-15 rating, meaning that the intended target audience was not children, but rather adult men. The organization has cited that the actions of authorities violate the principle of proportionality and continue the pattern of forcing platforms to take the risk of legal fines, again reinforcing a chilling effect when it comes to possible fines.
Although Chainsmoker Cat is a Japanese anime, it is still required to comply with domestic regulations. Apart from the difficulty of that when it comes to foreign media, one notes that the National Communications Commission is currently non-functional, due to budget cuts and a refusal to appoint new members to it by the KMT.
Still, one notes that this is not the first time that authorities have been willing to trample on free speech in the interests of what is framed as anti-drug policy. The Taiwanese government previously suggested that it might pursue cannabis decriminalization advocates, such as former Green Party chair and human rights lawyer Zoe Lee, with the view that advocating for decriminalization constituted incitement to drug use. The Ministry of Justice also suggested that it might pursue depictions of cannabis usage in the media, such as by artists or in music videos, on the grounds that this is inciting cannabis usage. In response, to highlight the absurdity of the act, Lee filed a criminal case against Elon Musk, a well-known proponent of cannabis.
It can be expected that the Taiwanese government will continue to be draconian on the matter of drug decriminalization. Nevertheless, when there remain many smokers in Taiwanese society, it is surprising to see the government take such a strong stance against depictions of smoking, even less than positive ones.