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Dáil Éireann debate -
Wednesday, 7 Jul 1993

Vol. 433 No. 6

Ceisteanna—Questions. Oral Answers. - TV Advertising.

Bernard J. Durkan

Question:

5 Mr. Durkan asked the Minister for Arts, Culture and the Gaeltacht if he has any plans to restrict advertising during children's TV programmes; his views on whether such advertising can over-influence impressionable viewers; and if he will make a statement on the matter.

My Department is, at present, finalising codes of broadcast advertising which I hope to introduce very shortly under the provisions of section 4 of the Broadcasting Act, 1990. The codes will, inter alia, give effect to advertising standards which are contained in Article 16 of the Council Directive 89/552 on transfrontier broadcasting activities. The article provides that television advertising shall not cause moral or physical detriment to minors and prohibits directly exhorting minors to buy a product or service by exploiting their inexperience or credulity; encouraging minors to persuade their parents or others to purchase the goods or services being advertised; exploiting the special trust minors place in parents, teachers or other persons, and unreasonably showing minors in dangerous situations.

I should also add that RTE's existing code of practice gives extensive guidelines on advertising and children which already take on board the provisions of the Directive. The core element of the RTE guidelines is that no method of advertising may be employed which takes advantage of the natural credulity and sense of loyalty of children.

The content of such advertising is a matter for the broadcasters to decide in the context of the codes mentined above. In my view these measures, particularly with the statutory backing of the codes which, as I said, I hope to introduce shortly, is sufficient to protect the vulnerability of viewers and to ensure a satisfactory degree of responsibility on the part of advertisers and broadcasters.

Is the Minister conscious of the concern throughout Europe, the United States and Canada about TV advertising during children's viewing periods and the impact it can have from the point of view of diet and spending by getting at the soft end of the market and encouraging children to ask their parents to embark on spending sprees which, very often, they cannot afford? In view of the reviews taking place worldwide does the Minister think it would now be advisable to look at the whole issue?

I understand perfectly the import of the Deputy's question. It is with these considerations in mind that I am now looking at the code in relation to standards. The Deputy will appreciate that one of the consequences of the policies of those who argue uncritically and with disastrous effects for total deregulation in broadcasting is that citizens, including minors, are placed massively at risk in an area where it is important that we have forms of regulation which will enable the quality of broadcasting to be assured. Broadcasting is not just another commodity. I know the Deputy will see merit in the legislation I am preparing which does not accept that broadcasting is something that can be left to the free flow of market forces. I see citizens as citizens in a communicative order rather than as target populations for commercial exploitation.

Notwithstanding the Minister's reference to the EC Directives, will the instruments which the Minister now proposes be based on surveys carried out in this country or will his actions have regard to international trends?

The Deputy will be aware that I adverted in my original reply to the EC Directives. I certainly know very well what their intent is. Equally, I will have available to me a review of such complaints as have been made in relation to what are perceived by parents and other interested groups as abuses, and I certainly will bear that in mind. I emphasise that, in the end, what I can do is bring forward the best codes possible but there is a responsibility of which I cannot divest broadcasters and advertisers. They too have their responsibilities but I will certainly draw on the vast evidence available in bringing forward revised codes.

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