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

Amendments Nos. 89 and 90 address an issue raised by a number of Senators to explicitly provide for specific matters concerning commercial communications, which Coimisiún na Meán may regulate through media service codes, including in relation to infant and follow-on formula. I commend the quality of the debate on this issue during Committee Stage and assure Senators that I have given this matter due consideration.

As Senators are aware, the Bill as published conferred broad powers on an coimisiún to regulate commercial communications on video-on-demand and broadcasting services through media service codes. In particular, section 46N(2)(d) of the Broadcasting Act, as amended, by the Bill, as initiated, sets out that an coimisiún may make media service codes, which may provide for standards and practices to ensure:

(d) that commercial communications— (i) protect the interests of the audience, and

(ii) in particular, where they relate to matters likely to be of direct or indirect interest to children, protect the interests of children having particular regard to the general public health interests of children.

Subsection (5) of section 46N of the Act further specifies that an coimisiún may prohibit commercial communications "relating to foods or beverages considered by the Commission to be the subject of public concern in respect of the general public health interests of children, in particular those foods or beverages which contain fat, trans-fatty acids, salts or sugars."

Amendment No. 89 is intended to clarify the language in subsection (5) of section 46N by providing that an coimisiún may not only prohibit but may "restrict, in accordance with law" the commercial communications referenced. Amendment No. 90 amends subsection (5) of section 46N by providing for a specific reference to infant and follow-on formula. It should be emphasised that an coimisiún would already be provided with this authority through the general powers that will be invested in it to make media service codes in respect of advertising. The language in section 46N(5) is based on the language used in section 42(4) of the extant Broadcasting Act 2009, which provides for the power of the Broadcasting Authority of Ireland to make broadcasting codes. As I set out on Committee Stage, those broadcasting codes will remain in force until amended or replaced by media service codes.

The current broadcasting code relating to commercial communications, the general commercial communications code states “Commercial communications for infant formula for use by infants during the first 6 months of life are prohibited.” This reflects EU law which sets out a number of rules regarding how infant and follow-on formula may or may not be advertised or otherwise marketed, and which is primarily enforced in Ireland by the Food Safety Authority of Ireland. Accordingly, my amendments primarily clarify already inherent powers of an coimisiún as regards infant and follow-on formula. Following an extensive Committee Stage debate in the Seanad and the very good points raised by Senators, I was convinced of the merits of making this power explicit.

Finally, the issues raised by amendment No. 91 are addressed by the Government's amendments in this grouping.