Brian O'Shea (Waterford, Labour)
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Question 33: To ask the Minister for Communications, Energy and Natural Resources the level of consultation he has had with public health agencies with regard to the ban on advertising of junk food in the Broadcasting Bill 2008; and if he will make a statement on the matter. [28035/08]

Eamon Ryan (Dublin South, Green Party)
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Under the Audiovisual Media Services Directive, EU Member States and the European Commission are required to encourage media service providers to develop codes of conduct regarding inappropriate audiovisual commercial communication, accompanying or included in children's programmes, of foods and beverages containing nutrients and substances with a nutritional or physiological effect. This relates in particular to those such as fat, trans-fatty acids, salt/sodium and sugars, excessive intakes of which in the overall diet are not recommended. While Member States have until December 2009 to transpose this requirement, I am using the opportunity afforded by the Broadcasting Bill 2008 to bring forward my proposals in this regard.

I have provided a requirement in Section 42 of the Bill that the Broadcasting Authority of Ireland prepare codes governing the standards and practices to be observed by broadcasters. In particular under Section 42.(2)(g) I have provided that "advertising, teleshopping material, sponsorship and other forms of commercial promotion employed in any broadcasting service, in particular advertising and other such activities which relate to matters likely to be of direct or indirect interest to children, protects the interests of children having particular regard to the general public health interests of children".

Furthermore, under Section 42.(4) I have provided that a broadcasting code prepared by the Authority under 42 (2)(g) "may prohibit the advertising in a broadcasting service of a particular class or classes of foods and beverages considered by the Authority to be the subject of public concern in respect of the general public health interests of children, in particular those which contain fat, trans-fatty acids, salts or sugars".

I have provided under Section 42 (5) that in preparing a broadcasting code under subsection 42 (2)(g) the Broadcasting Authority of Ireland may consult with the relevant public health authorities.