Frances Black (Independent) | Oireachtas source

I move amendment No. 38:

In page 21, between lines 16 and 17, to insert the following:"Advertising on the Internet

19. (1) A person shall not advertise, or cause to be advertised, an alcohol product by means of an information society service unless all reasonable steps are taken to ensure that the advertising cannot be viewed by children.

(2) In determining whether a person has taken all reasonable steps to ensure that advertising cannot be viewed by children the court or the jury, as the case may be, shall have regard to—

(a) whether age verification controls have been used to prevent access by children to the advertisement,

(b) whether demographic targeting has been used to ensure that the advertisement is not displayed to children,

(c) whether the advertisement has been labelled or registered in a way which permits it to be blocked by parental filtering software,

(d) whether the advertisement invites users to share it with others, and

(e) the cost of implementing the measures and the state of technological development.

(3) Subsection (1) shall not apply to advertising by means of an audiovisual media service unless the media service provider is established in the State in accordance with Article 2(3) of the Audiovisual Media Services Directive or under the jurisdiction of the State in accordance with Article 2(4).

(4) A person who contravenes subsection (1) shall be guilty of an offence.".

I intend to resubmit this amendment on Report Stage.