Emer Currie (Dublin West, Fine Gael)
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363. To ask the Minister for Finance if the Revenue Commissioners will seek trusted flagger status through Coimisiún na Meán to allow them to address the sale of illicit tobacco products on social media platforms; and if he will make a statement on the matter. [63460/25]

Paschal Donohoe (Dublin Central, Fine Gael)
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Regulation of the sale, promotion and advertising of tobacco products, including via online modes, is the policy responsibility of my colleague the Minister for Health. Enforcement of the legislation regarding such regulatory matters is undertaken by the Health Services Executive (HSE), through its Environmental Health Service.

I understand that the EU’s Digital Services legislation, which is dealt with primarily by my colleague the Minister for Enterprise, Tourism and Employment, sets out certain obligations for online platform providers to ensure that their platforms are not used to advertise or sell products illegally. As part of these obligations, Article 22 of EU Regulation 2022/2065, known as the Digital Services Regulation, requires online platform providers to ensure that notices submitted by ‘trusted flaggers’ about illegal content within their designated area of expertise, are given priority and processed and decided upon without undue delay. In Irish law, the Digital Service Act 2024 identifies Coimisiún na Meán as the national competent authority for awarding ‘trusted flagger’ status in accordance with the EU Regulation, and Section 41 of the 2024 Act provides for such matters.

I am advised by the Revenue Commissioners that they have received representations from the tobacco industry urging Revenue to seek trusted flagger status from Coimisiún na Meán as a way of addressing the illegal sale of tobacco via social media platforms.

It is a matter for Revenue to decide whether to seek Article 22 designation in relation to any matters within their competence. Any such decision by Revenue will not be influenced by representations from tobacco industry interests.

In this regard, Revenue is conscious of the Guidance for Public Representatives and Officials on Interaction with the Tobacco Industry issued by the Department of Health. The guidance was prepared to support public officials and others in observing Ireland’s legally binding obligation, as a party to the World Health Organisation’s Framework Convention on Tobacco Control, to ensure that –

“in setting and implementing ... public health policies with respect to tobacco control ...[they] act to protect these policies from commercial and other vested interests of the tobacco industry...”.

The guidance makes clear that the tobacco industry – including business groups representing the tobacco industry or others with a commercial interest in the sale of tobacco or who further the interests of the industry – cannot be treated in the same way as other industries, as its products kill two out of three long-term users and there is a history of industry interference to influence and undermine tobacco control policy.