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

I recognise the objective behind these amendments, which is to specify that an coimisiún may protect the health of children by regulating, through online safety codes, commercial communications relating to certain products, including foods high in fat, sugar, salt, as well as alcohol and gambling products. In this regard, I note that an coimisiún already has this power under the Bill and, in particular, in relation to the regulation of commercial communications on video sharing platform services, which must abide by the provisions set out in Article 9(1) of the revised audiovisual media services directive. However, in taking any action in this area, an coimisiún would be guided by the policies of the Department of Health, which is responsible for public health policy on these matters.

I see the merit of specifically referencing the public health interests of children in this section. For this reason, although I am rejecting amendments Nos. 173 to 177, inclusive, I would like to return to them on Report Stage once I have engaged with the Minister for Health.

On amendment No. 177, I note the reference to milk-based formula and remind the Senators that I have committed to examining issues as to the advertising of such products in advance of Report Stage. However, on amendments Nos. 175 to 177, inclusive, I note that just referencing programmes would not cover the range of user-generated content available through designated online services nor would it cover those commercial communications placed directly by the service provider.

I cannot accept amendment No. 183 as I believe the wording in subsection 1 of the amendment is not specific enough to achieve its intended objective and that the issues regarding the use of personal data of children in subsection 3, while worthy of attention and concern, are a matter for the Data Protection Commission. If a provision in the Data Protection Act has not been commenced, the issue that arises is the commencement of that provision by the Minister for Justice, not repeating those provisions in another Act, one that deals with content regulation and not data protection. As to subsection 2, I am examining this issue in relation to the other amendments in this grouping.

In conclusion, I do not accept amendment No. 183, but I will examine the other amendments in this grouping before Report Stage.