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Dáil Éireann debate -
Tuesday, 7 Oct 2003

Vol. 571 No. 4

Written Answers. - Television Advertising.

John Gormley

Question:

164 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources the type of advertising he is looking to restrict further to his comments in summer 2003, that he wants to change the EU Television Without Frontiers Directive in order to allow individual states control the level of offensive advertising broadcast across borders by satellite television broadcasters; the nature of the restrictions he envisages; if he will be making a submission to the Broadcasting Commission regarding their ongoing review of children's advertising within the State; and if such a submission will be publicly available. [22175/03]

Under the EU television without frontiers directive a broadcaster subject to regulation in one member state may not be regulated in another member state.

The European Commission is currently conducting a review of the directive and has invited submissions from interested parties. In its formal submission to the Commission, Ireland has suggested that the directive should be amended to ensure that a broadcasting service originating in one member state, but intended primarily for reception in another member state, should be subject to the broadcasting standards of the member state at which it is primarily directed. In an Irish context it is reasonable to expect that Irish broadcasting standards should be applied to television channels intended primarily for reception in Ireland. I have arranged for a copy of Ireland's submission to be forwarded to Deputy Gormley.

If the directive were to be amended on the lines suggested by Ireland, then broadcasting services primarily directed at Ireland would be subject to the codes and rules on advertising and the codes and rules on programme material that are being prepared by the Broadcasting Commission of Ireland under section 19 of the Broadcasting Act 2001.
I will not be making a submission to the Broadcasting Commission of Ireland with regard to the codes and rules on advertising, which the commission is preparing at present. Through the Broadcasting Act 2001, the Oireachtas has provided that the preparation of the codes and rules is a matter for the commission, which is an independent statutory body. In the circumstances, I consider it would be inappropriate for me to intervene in the matter.
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