Regulation (EU) No. 609/2013 (as amended) and Commission Delegated Regulation (EU) 2016/127 (as amended) set out European Union (EU)-wide rules for information requirements in respect of infant (meaning a child under 12 years) and follow-on formulae. I am informed by the Minister for Health that these Regulations set out detailed compositional and labelling requirements for infant and follow-on formulae intended for use by infants in good health and recognise the importance of the World Health Organisation International Code of Marketing of Breastmilk Substitutes.
Under section 42 of the Broadcasting Act 2009, the Broadcasting Authority of Ireland (BAI) prepares codes governing standards and practices to be observed by broadcasters ('broadcasting codes'). The BAI, as independent regulator, has issued the General Commercial Communications Code, which provides that, inter alia, commercial communications for infant and follow-on formulae shall comply with all relevant Irish and European legislation and with rules regulations and codes of practice issued from to time by a relevant competent authority.
Section 9 of the Online Safety and Media Regulation (OSMR) Bill 2022 provides that the new regulator established by the Bill, Coimisiún na Meán, may make codes governing the standards and practices of broadcasters and providers of audio-visual on-demand media services ('media service codes'). In particular section 9 inserts a new section 46N into the Broadcasting Act, which sets out that media services codes may provide for standards and practices to ensure that commercial communications protect the interests of children and that Coimisiún na Meán may consult with the relevant public health authorities regarding any provision made for that purpose.
The OSMR Bill 2022 provides that the existing broadcasting codes in place, including the General Commercial Communications Code, shall remain in force until amended or revoked by Coimisiún na Meán.
Section 44 of the OSMR Bill 2022 provides for the designation of online services for regulation and for the making of binding online safety codes applicable to those services by Coimisiún na Meán. In particular, section 44 inserts a new section 139K into the Broadcasting Act 2009 which sets out that an online safety code may make provision with a view to ensuring that service providers take any measures in relation to commercial communications on their services that are appropriate to protect the interests of users of their services, and in particular the interests of children.
I am satisfied that these provisions of the Bill as published are sufficient to enable Coimisiún na Meán, in making and applying media service codes and online safety codes, to rely on the appropriate public health advice from relevant Government Departments and public bodes and to reference and require adherence to the appropriate legislation regulating the marketing of infant and follow-on formulae. As the Minister with responsibility for media regulation, I will ultimately be guided by my colleague the Minister for Health on this matter.
