Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

Section 34 of the Broadcasting Act 2009, as amended by section 7 of the Bill, is drafted in line with the revised audiovisual media services directive, and allows the commission to co-operate with self-regulatory mechanisms. Articles 9(3) and 9(4) of the directive set out the requirements on member states to encourage self-regulation in respect of commercial communications, including advertising.

I cannot accept the amendment as it appears to contradict the audiovisual media services directive. The Bill will not be providing for, nor will an coimisiún be overseeing, the entire advertising regulatory framework in the State, which is distributed across a range of authorities. For example, Members will be aware that the forthcoming gambling regulation Bill will establish a gambling regulator to oversee the regulation of gambling, while the Public Health (Alcohol) Act 2018 sets out provisions relating to the advertisement of alcohol.

The commission will have a strong role in regulating commercial communications, including advertising, through media service codes, which will be binding on video-on-demand services and broadcasting services, and through online safety codes, which will be binding on designated online services. The main concern is that it would appear to contradict the audiovisual media services directive.

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