James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 79:

In page 109, after line 36, to insert the following: “Advertising by licensee by means of electronic communication

140. (1) A licensee shall not advertise relevant content, or cause a person to advertise relevant content on the licensee’s behalf, by electronic communication to another person (in this section referred to as the “intended recipient”) unless—

(a) the intended recipient has given consent to receiving advertising from the licensee concerned by means of that electronic communication,

(b) the service provides an easily accessible mechanism to enable the recipient to stop receiving such advertising from the licensee concerned, and

(c) the licensee complies with any applicable regulations.

(2) A licensee shall not be taken to have contravened subsection (1) where, notwithstanding that paragraph (a) or (b) of that subsection does not apply, as part of the content shown to an intended recipient by an electronic communication—

(a) a logo, trademark, emblem or marketing image of the licensee displayed at a sporting event is visible,

(b) details of the sponsorship by the licensee of a sporting event is visible or audible.

(3) Subsection (1) shall not apply to advertising in respect of a relevant gambling activity for a charitable or philanthropic purpose where the maximum winnings for the activity do not exceed €10,000.

(4) In this section, “electronic communication” means any electronic communication (including by telephone, text message or e-mail) other than an audiovisual on-demand media service, an on-demand sound service, a social media service, a video-sharing platform service or a broadcasting service.”.

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