Oireachtas Joint and Select Committees
Tuesday, 13 December 2022
Joint Oireachtas Committee on Climate Action
The Role of the Media and Communications in Actioning Climate Change: Discussion (Resumed)
Ms Orla Twomey:
That is not generally part of our process. Under our process, the advertiser is the one responsible for proving its compliance with the code. It is not that the complainant has to prove his or her case. There is a reversal of what might be the case in a legal situation. The advertising is not found to be in breach until a decision is made. From a due process point of view, if we applied what the Deputy suggested broadly across all sectors, we might have a problem. Under the code, we have a process where we can accelerate a situation or an investigation, and we can ask for the removal of advertising, but it is very rarely used. It is used in cases where something is highly and grossly offensive or involves something that is potentially harmful, for example, to children. It is very rare that we use those powers to have advertising withdrawn pending a full investigation.
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