Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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1262. To ask the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 719 of 11 April 2017, the role his Department has with the on-demand audiovisual services group; the role his Department has with respect to the World Health Organization protocol on monitoring food and beverage marketing to children via television and the Internet despite not having a role in developing or amending BAI codes on advertising; and if he will make a statement on the matter. [19558/17]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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1263. To ask the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 719 of 11 April 2017, the role his Department has with the on-demand audiovisual services group in respect of membership; if there is a departmental representative on this group; the membership of this group; if public health or children’s organisations are members of this group; and if he will make a statement on the matter. [19559/17]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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1264. To ask the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 719 of 11 April 2017, if work will be undertaken to quantify the extent and nature of children's exposure to marketing for HFSS foods via television and the Internet as per the protocol despite not having a formal role in developing or amending BAI codes on advertising in view of the importance of this for the public; and if he will make a statement on the matter. [19560/17]

Denis Naughten (Roscommon-Galway, Independent)
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I propose to take Questions Nos. 1262 to 1264, inclusive, together.

Statutory Instrument No. 258 of 2010 made provision for the self-regulation of on-demand audio-visual media services in Ireland. Subsequent to this, the On Demand Audiovisual Services Group (ODAS) was established under the auspices of IBEC and a Code of Conduct was devised which applies to all on-demand audio-visual service providers operating in the state.  My Department has no role in respect of the membership of ODAS and there is no Departmental representative on the group. Further details in respect of ODAS and its current membership are available from IBEC.

In devising the Code, ODAS was required to co-operate with the Broadcasting Authority of Ireland (BAI) in relation to the Code’s development and the final Code required the BAI’s approval. The Code of Conduct was last reviewed by ODAS, in consultation with the BAI, in 2014.  In terms of the Code’s operation, the BAI’s only role is that its statutory Compliance Committee acts as an appeals body, where a complainant is not satisfied with the decision of the on-demand service provider, on complaints relating to content.  In this regard, a Memorandum of Understanding is in place between the BAI’s Compliance Committee and ODAS.  The BAI does not have a role in relation to any complaints appeals in respect of commercial communications.  This appeals function is carried out by the Advertising Standards Authority of Ireland (ASAI).

In relation to the BAI’s Children’s Commercial Communications Code, this Code makes specific provision for rules regarding the advertisement of foods that are high in fat, salt and sugar (HFSS).  This Code is scheduled for review over the next 12 to18 months and it is my understanding that the BAI intends undertaking research as part of the review and will have regard to the experience in Ireland since the Code’s introduction.  The BAI will also consider regulatory practices in other jurisdictions and plans to consult extensively with relevant stakeholders including the Department of Health, who have primary responsibility for promoting WHO protocols, as part of the review process. In addition, the BAI participated in a working group, established by the Minister for Health in 2015, to develop rules for marketing communications for food including HFSS on digital media; the working group has now concluded and a draft code is expected to be submitted to the Department of Health shortly.