Written answers
Thursday, 6 March 2025
Department of Culture, Heritage and the Gaeltacht
Broadcasting Sector
Barry Ward (Dún Laoghaire, Fine Gael)
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43. To ask the Minister for Culture, Heritage and the Gaeltacht his views on the merit of introducing a new law that would require all advertising on Irish television and radio stations to be made within the European Union; and if he will make a statement on the matter. [9146/25]
Patrick O'Donovan (Limerick County, Fine Gael)
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The regulation of advertising in Ireland is a matter for the policy sector concerned. For instance, the Department of Health is responsible for the Public Health (Alcohol) Act, 2018, which includes provisions restricting the advertising and marketing of alcohol, while relevant consumer protection laws, including around misleading or false advertising, are enforced by the Competition and Consumer Protection Commission. Sections 46N and 46O of the Broadcasting and Other Media Regulation Act (BOMRA), 2009 and 2022, which transposes the EU Audiovisual Media Services Directive, provides that Coimisiún na Meán, Ireland’s independent online safety and media regulator, shall devise media service codes and rules applying to relevant television and radio broadcasting services, including obligations in relation to advertising. However, the Act does not contain provisions requiring that advertising is made within any particular jurisdiction, including within the wider the EU. The undertaking of commercial communications, such as advertising, is primarily a matter of commercial activity and trade, which is an EU competence. It is therefore for the EU to legislate on such matters, subject to the input of the EU Institutions, including the European Council of Ministers. The Department of Enterprise, Trade and Employment represents Ireland on matters of commercial activity and trade policy.
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