Catherine Byrne (Dublin South Central, Fine Gael) | Oireachtas source

Amendments Nos. 1 to 3, inclusive, 7, 30 and 31 propose restrictions on advertising on the Internet and provide for related definitions and offences. The amendments propose to provide for the creation of an offence in the case that a person advertises, or causes to be advertised, an alcohol product on an information society service unless all reasonable steps are taken to ensure the advertisement cannot be viewed by children. These steps include whether age verification controls have been used to prevent access by children to an advertisement. This amendment uses the framework of the Audiovisual Media Services Directive which comes under the remit of my colleague, the Minister for Communications, Climate Action and Environment, Deputy Naughten. My officials have previously consulted that Department and the Department of Justice and Equality on this matter.

The Audiovisual Media Services Directive is a sector-specific directive for television and services that are similar to television. I am informed that the extension of its scope is to include any audiovisual content on any platform would cut across several EU directives and other regulations. In addition, I have concerns about the effectiveness of this proposed provision. For example, if it was introduced for websites hosted in Ireland, advertisers could simply move to websites which are not hosted in Ireland to avoid the necessity to comply with this proposed amendment. Finally, I am unclear as to how effective age verification controls could be implemented under the proposal. A reliance on self-disclosure is not a robust method of enforcement as children may simply claim to be over 18 and, therefore, access the alcohol advertising. European legislation, similar to the Audiovisual Media Services Directive, which addresses all the issues regarding intermediary or online platforms, is required to address the issues involved and I do not propose to accept the amendments.

Amendment No. 30 proposes to change the broadcasting watershed times in the Bill that applies to radio broadcasts to make them the same as those that apply to television. The watershed times were set out to prohibit alcohol advertising during times when children might be in the audience. For radio, the watershed times provide that alcohol advertisements can be broadcast at times children are at school during the week and at any time on weekends. These times were agreed in consultation with the Department of Communications, Climate Action and Environment and the Broadcasting Authority of Ireland, BAI, which have the expertise in this area. I am conscious that we are introducing new prohibitions on advertising with this Bill and inherent in this new regime will be the potential loss of advertising revenue to broadcasters. However, I am determined that we address the proven impact that advertising alcohol to children can have. On that basis, I will follow the advice given, and targeting this measure to times when children are likely to be in the audience for radio to ensure that this measure is both effective and proportionate. Section 21 provides that the Minister for Health must carry out a review of the advertising sector after three years. On this basis we can examine thee provisions again after we have had an opportunity to see their effects in practice. For these reasons, I do not propose to accept the amendment.