Vol. 515 No. 5
1 Mr. O'Shea asked the Minister for Arts, Heritage Gaeltacht and the Islands the proposals, if any, she has to prohibit or restrict the broadcasting of commercials specifically targeted at children; and if she will make a statement on the matter. [6312/00]
Section 4 of the Broadcasting Act, 1990, provides that I have the power to draw up and amend, from time to time as I think appropriate, codes governing standards, practice and prohibitions in advertising and other forms of commercial promotion in broadcasting.
Chapter 14 of the current codes imposes a number of restrictions on advertisers with regard to advertising and children's programmes, including prohibitions on advertisements which exploit children's inexperience or credulity or advertisements which encourage minors to persuade their parents or others to purchase or make inquiries about goods or services being advertised. Chapter 14 reflects the requirement of Directive 98/522/EEC, the television without frontiers directive. I have no plans at present to introduce further restrictions in this area.
Is the Minister satisfied that the standards she has outlined are being adhered to in this country? Has she examined the situation which obtains in Sweden which has primary legislation prohibiting the direction of advertising at children under 12 years of age? Is the Minister satisfied that the standards which apply here are adequate and are being properly enforced?
The Broadcasting Complaints Commission deals with possible breaches of the code which are investigated and adjudicated upon. Sweden will assume the Presidency of the EU in January 2001 and has had a prohibition on commercial advertising directed at children under 12 years of age since 1996.
This prohibition has been diluted to a large extent because of the provisions of the television without frontiers directive which directs member states to ensure, among other provisions, freedom of reception and retransmission of television broadcasts from other member states. While Sweden has already expressed its intentions to seek an EU wide provision on children's advertising during its Presidency it is not clear how it will pursue this objective. However, I understand it is unlikely Sweden will secure an amendment to the television without frontiers directive between now and the end of its Presidency. The Department will continue to monitor developments in this regard.
Will the Minister assure the House that any Swedish initiative in this regard will be supported by her and the Government? Will she comment on the practice of merchandising, whereby sportswear and sports equipment are advertised and their value is expressed by their designer name or by their identification with a football club and so on? In Sweden, such advertisements are banned from being shown directly before, after or during children's programmes. Is the Minister satisfied that undue pressure is not being exerted on children who in turn pass it on to their parents given that goods with an illusory added value are being bought by large numbers of consumers?
Chapter 14.1 of the present code states that advertisers must exercise the utmost care and discrimination with regard to the content and presentation of advertisements transmitted during breaks within, near or adjacent to programmes designed for children. It also states that advertisements shall not exhort children to buy a product or service by exploiting their inexperience or incredulity. Chapter 14.3 states that advertisers shall not exploit the special trust minors place in parents, teachers or other persons. Chapter 14.4 states that advertisements shall not directly encourage minors to persuade their parents or others to purchase or make inquiries about the goods and services being advertised. Chapter 14.5 states that advertisements shall not unreasonably show children in dangerous situations. This code was revised in October 1999 to give effect to the provisions of the 1989 and 1996 directives dealing with the new definition of advertisements and the application of the restrictions to teleshopping. The Government is monitoring any proposals which may be made by Sweden when it assumes the Presidency.
