Eamon Ryan (Dublin South, Green Party)

Deputy Coveney is correct in claiming there are examples elsewhere of much more lenient and flexible advertising regimes in broadcasting. Ireland, however, has one of the highest radio listenership in Europe and I believe this has been achieved on the back of good regulation. Listeners have much loyalty to our radio stations; they are not tuning in to hear advertising but people communicating. While I accept the advertising cap may be difficult for some broadcasters in this current economic downturn, the system is to the benefit of the industry.

Section 41(2) sets the statutory cap for advertising on radio broadcasters at 15 % of the total daily broadcast time and ten minutes in any hour. Chapter IV of the audio-visual media services directive sets the upper cap for advertising by television broadcasters of 20% of broadcasting time, 12 minutes an hour. Section 43(1) provides that the broadcasting authority of Ireland shall set the daily and hourly minutage maximum for radio and television advertising by commercial and community broadcasters in the context of the upper cap set by the legalisation. While the broadcasting authority of Ireland would have some discretion in respect of advertising minutage, it should exercise that discretion with due care to ensure that any change does not have a negative impact on the viewers' and listeners' experience or have a detrimental impact on the overall quality of Irish broadcasting services.

In respect of the upper limit of 12 minutes for television advertising proposed in amendment No. 38, this is covered by the requirement in section 43(4) for any broadcasting advertising rule, prepared by the broadcasting authority of Ireland under section 43, to accord with Chapter IV of the audio-visual media services directive.

While it may be argued that the average mechanisms proposed in amendments Nos. 38 and 39 would allow for more free flow and elimination of petty breaches, it would still have the effect of extending the amount of radio and television advertising over and above the ten and 12 minute maxima provided for in the Bill.

Having reflected on the matter since Committee Stage, particularly on the likely impacts on audiences and quality of broadcasting, I do not believe it is in the general interest to allow a greater amount of advertising in any one hour than the maxima proposed. The audio-visual media services directive requires a limit of 12 minutes per clock hour and does not permit an averaging over several hours. Accordingly, I will not be accepting these amendments.

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