Derek Keating (Dublin Mid West, Fine Gael)
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Question 436: To ask the Minister for Communications, Energy and Natural Resources his plans to have legislation to govern and control advertising in the broadcast media in view of the recent commencement of advertisements late in the evening on TV3 giving out telephone numbers for escort services and what can be determined as sex lines; if he will examine this problem; if he judges it to be a serious problem; and if he will make a statement on the matter. [21755/12]

Pat Rabbitte (Dublin South West, Labour)
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Responsibility for the regulation of premium rate phone numbers, and advertising of these, including those referred to in the Deputies question, is a matter for the Broadcasting Authority of Ireland (BAI) and the Commission for Communications Regulation (ComReg). The BAI and ComReg are independent statutory bodies and as such I as Minister have no role in this matter. The enactment of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act, 2010 transferred the responsibility for the regulation of premium rate services (PRS) in the State from the Regulator of Premium Rate Telecommunications Services Limited (RegTel) to ComReg.

In relation to the regulation of premium rate services, ComReg, as the competent authority in this jurisdiction, has a Code of Practice in place. The Code derives from the original RegTel Code and has been operated by ComReg since July 2010, pending the further development of a Code in this area. Service Providers of premium rate telecommunications services are required to comply with the provisions of the Code of Practice.

There are a number of specific provisions in this Code of Practice which are pertinent to the advertisement of premium rate chat services. Chatline services of the type that the Deputy refers to are not defined as Sexual Entertainment Services, but rather as Virtual Chat Services. However, the Code of Practice addresses Services of a Sexual Nature, in section 8.4 of the Code and consequently the Code includes provisions governing the promotion of such services. The Code also administers, under Section 5.2, and in particular, Section 5.2.3 of the Code that service providers must ensure that services are not used in any way to promote or facilitate prostitution. Compliance with this code is a matter for ComReg.

The BAI has responsibility for certain types of advertising rules. Section 8(9) of the BAI's General Commercial Communications Code (GCCC) makes general provisions for premium rate telecommunications services and requires that commercial communications for such services comply with Irish and European legislation and with the rules, regulations and Codes of Practice issued from time to time. The GCCC also makes a more general provision in relation to matters of offence, harm and dignity, and a range of rules under section 3.2 of the Code deal with these issues. For information also, ComReg inform me that a new Code of Practice will come into force on the 5 June 2012, and will update the rules around these types of services.