Written answers

Tuesday, 21 February 2006

Department of Communications, Energy and Natural Resources

Television Advertising

9:00 pm

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Question 78: To ask the Minister for Communications, Marine and Natural Resources if he intends to introduce legislation on the prohibition of television advertising of unhealthy foods to children to other media; if there has been progress at EU level in changing the Television Without Frontiers Directive in order that advertising restrictions could apply to the satellite broadcasters which insert advertising aimed at the market here but who are located outside the State. [6745/06]

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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There are no existing legislative provisions prohibiting television advertisements that are directed at children in relation to food products. Section 19(1)(c) of the Broadcasting Act 2001 provides that the Broadcasting Commission of Ireland shall prepare a code specifying standards to be complied with and rules and practices to be observed, in respect of advertising which relate to matters likely to be of direct or indirect interest to children.

The commission published a children's advertising code, which came into effect on 1 January 2005. The drafting, monitoring and review of the code, are functions which the Oireachtas has provided the commission with statutory responsibility for and in respect of which I have no role.

The principal aim of the EU Commission's proposal to amend the Television Without Frontiers Directive is to put in place a new regulatory framework that takes account of advances in technology and market developments in a platform neutral manner. In the area of jurisdiction over broadcasters, the Commission has not proposed any significant amendments. Accordingly, the amended directive would still provide that where a broadcaster in one member state operates a service that primarily targets an audience in another member state that it is the national rules of the member state in which the broadcaster is based that shall apply to that broadcasting service.

This does not address the concerns raised by Ireland along with a number of other member states. Ireland will continue to strongly make the case for amending the directive to ensure that broadcasting services that primarily target Irish audiences would be subject to Irish rules.

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