Oireachtas Joint and Select Committees

Wednesday, 12 May 2021

Joint Committee on Media, Tourism, Arts, Culture, Sport and the Gaeltacht

General Scheme of the Online Safety and Media Regulation Bill 2020: Discussion (Resumed)

Dr. Karen McAuley:

I thank Senator Byrne for his questions. We have not had an opportunity to look in detail at the whole question of advertising in the context of this general scheme. However, as the committee knows, children have a right to protection from material that is potentially harmful to their well-being, and that could include advertising and the risk of commercial exploitation associated with that. From our perspective, and to refer back to what Professor O'Mahony was discussing in his opening statement, there is an international human rights framework that talks about the responsibilities of business in the round in regard to human rights and children's rights. It is an area that the UN Committee on the Rights of the Child and others have looked at. There are two potential codes that are referenced in the general scheme that, if developed and implemented, may assist in this area. The first is around impact assessment and, as Professor O'Mahony indicated, there is currently no explicit reference to children's rights and due diligence. As regards child rights impact assessment, that is a mechanism we would like to see promoted through the legislation. There is also a code in regard to the whole area of commercial engagement and advertising, so there may be scope to develop it in the legislation.

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