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

Amendment 105 and its consequential amendments Nos. 114 and 115 address an issue raised by a number of Senators to explicitly provide for specific matters concerning commercial communications that coimisiún na meán may regulate through online safety codes. I commend the quality of the debate on this issue on Committee Stage and assure Senators that I have given the matter due consideration. The amendments I have tabled explicitly provide coimisiún na meán with the power to prohibit or restrict through online safety codes 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 infant formula, follow-on formula or foods or beverages that contain fat, trans-fatty acids, salts or sugars.

It is important to note that an coimisiún would already be provided with the general power under the Bill as initiated to regulate advertising of such matters through online service codes. This is contained in section 139K(2)(d) of the Broadcasting Act, as amended by the Bill, which states that online safety codes may make provision with a view to ensuring "that service providers take any measures in relation to commercial communications on their services that are appropriate to protect the interests of users of their services, and in particular the interests of children".

I also note the amendment No. 105 is based on the language set out in section 46N, subsection (5) of the Broadcasting Act, as amended by the Bill, which relates to media service codes. This is to ensure that the language used as regards commercial communications is consistent between media service codes and online safety codes.

As regards amendment No. 105, it should be recognised that it does not directly prohibit or restrict commercial communications relating to any type of food or beverage. That will fundamentally be a decision that an coimisiún may take through the making of an online safety code following consultation, particularly with the relevant public health bodies, who will be best placed to advice an coimisiún on the relevant public health law and advice. Amendment No. 105 addresses the points raised via amendments Nos. 101 and 103.

On amendment 104, I would note once again the Bill as initiated provides broad authority to an coimisiún to regulate commercial communications through online safety codes. On Committee Stage, I also noted that the advertisement of alcohol is primarily being addressed through the Public Health (Alcohol) Act, which contains strong measures to limit the exposure of children to advertising.

Regarding Senator Black's question, amendment No. 105 provides that "an online safety code may prohibit or restrict, in accordance with law, the inclusion in programmes or user-generated content of 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". Alcohol would probably be considered a matter of public concern in respect of the general public health interests of children.