James Browne (Wexford, Fianna Fail) | Oireachtas source

Section 138 provides the authority to make regulations to address advertising by specific types of licensees on specific media, such as television, radio and on-demand media services, on social media and video-sharing services, on websites, on apps and in print, and advertising at specific places or events, having regard to the nature and format of individual media. Amendments Nos. 244 to 249, inclusive, are drafting changes recommended by the Office of Parliamentary Counsel to make the section clearer and linguistically accurate.

I cannot accept amendment No. 250 in the name of Senators Ruane and Higgins as I am satisfied that section 138(3)(b) appropriately addresses the matters raised by the Senators. I also cannot amendment No. 251 in the name of Senators Ruane and Higgins due to vagueness given the multiple media by which video games are provided. In this context, it is not possible to clearly capture and provide in the Statute Book for unclear and ever-changing concepts or provisions.

I will address amendments Nos. 252, 253, 256 and 259 together. Senators will recall that on Second Stage I indicated an intention to bring certain exemptions for charitable, philanthropic licensees from the advertising restrictions in the Bill. During the debates in the Dáil, it became apparent to me that despite the recommendation of the Oireachtas joint committee to introduce a watershed restriction on gambling advertising without an exception for charitable or philanthropic licensees, Deputies, including some members of the committee, had not considered the full consequences of the committee's recommendation. As I have repeatedly said, both I and the Government strongly support the hard work and contribution of our charities to society and the benefits many of our local organisations bring to our communities and our lives. With that in mind, I am now bringing these amendments which will exempt those licensees from the advertisement restrictions in the Bill.

Amendment No. 252 removes the restrictions on those licensees advertising on on-demand services, and amendment No. 253 removes any restrictions on charitable or philanthropic organisations advertising gambling activities on social media or video-sharing services. Amendment No. 256 permits charitable and philanthropic licensees to advertise gambling through other forms of electronic communication, such as telephone, text messages or email, while amendment No. 259 exempts charitable and philanthropic licensees from the prohibition on advertising gambling on television and radio outside of prescribed watershed provided. The only restriction that will now apply to advertising gambling activities by charitable and philanthropic licensees is that such licensees will be prohibited from using the name, trading name, or part of the name or trading name, of a business-to-consumer or business-to-business licensee, or the logo, trademark, emblem or marketing image of such a licensee. This is to ensure no commercial gambling company can seek to use the charitable or philanthropic exemption to bypass the advertisement restrictions provided for in the Bill.

Amendments Nos. 254 and 255 relate to section 141 and are technical in nature and can be taken together. Amendment No. 254 clarifies that licensees shall not advertise gambling activities by electronic communications unless they are compliant with the criteria set out in the section. Amendment No. 255 inserts the word "or" at the end of subsection (2)(a).

I cannot accept amendment No. 257 in the names of Senators Ruane and Higgins as I am satisfied that section 138(4)(a) appropriately addresses the matters raised by the Senators. I also cannot accept amendment No. 258 in the names of Senators Ruane and Higgins as I am satisfied that section 144 is proportionate and strikes a necessary balance. Furthermore, it would be impractical to enforce such a prohibition on social media services, video-sharing platform services or electronic communications.