The removal of the anime Chainsmoker Cat (尼古喵喵) from streaming platforms due to complaints about tobacco product placement contravenes the principle of proportionality and stifles creative expression, an advocacy group said on Thursday, after the Health Promotion Administration launched an investigation that could result in platform operators facing fines of up to NT$1 million (US$31,399).
Bahamut Animation Crazy, an animation streaming platform, confirmed that the show is no longer available in Taiwan, after anti-smoking groups on Thursday called on authorities to investigate and called for its removal for allegedly promoting smoking.
Other streaming platforms also confirmed that they had removed the show.
Photo courtesy of the Taiwan Alliance for Tobacco Control
Minister of Health and Welfare Shih Chung-liang (石崇良) yesterday said that he had watched the show and found that it contained multiple close-up shots of cigarette brands, which should have been obscured or blurred.
Smoking scenes should also have carried on-screen warnings stating that smoking is harmful to health, Shih said.
The Tobacco Hazards Prevention Act (菸害防制法) prohibits the promotion or advertising of tobacco products through film, television and radio, he said.
The government in 2010 also established production guidelines that include avoiding content aimed at minors, keeping such content out of time slots commonly viewed by children, limiting frequent close-ups of smoking and discouraging smoking by main characters, he said.
Chainsmoker Cat failed to comply with the guidelines, he said, adding that even Japanese anime broadcast in Taiwan must follow domestic regulations.
In a Facebook post on Thursday, the ACGN Creative Rights Association said that demanding the platform remove the series contravenes the principle of proportionality and could have a chilling effect on creative expression.
Authorities had yet to release a complete investigation report, provide a detailed legal analysis or issue a formal removal order, yet the work has already disappeared under the pressure of potential penalties, the association said.
The situation reflects a pattern that bypasses due process and shifts the burden of administrative judgements onto platforms, distributors, creators and audiences, the association said.
The original manga’s target audience was adult men and the anime was broadcast in a late-night time slot in Japan, it said.
The series was classified as PG-15, meaning it should not be regarded as content aimed at children simply because it is animated, it said.
The series uses nicotine addiction and the disorder it causes in daily life as the core of its character development and comedy, making smoking scenes integral to the narrative, it said.
The show already includes disclaimers stating that it does not encourage smoking and warning that excessive smoking and drinking are harmful to health, it added.
Opposing the harmful effects of tobacco does not mean opposing artistic portrayals of those effects, and protecting minors does not mean depriving adults of access to lawful creative works, the association said.
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