Dáil Éireann Debate, Tuesday - 10 March 2015
247. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation the rules that govern the accuracy and authenticity of advertisements in the print media, including, for example, the Golden Pages; and if he will make a statement on the matter. [10338/15]
Amharc ar fhreagraAdvertisements in print and other media that are directed at consumers are regulated by the Consumer Protection Act 2007. The Act provides that a commercial practice, such as advertising or marketing, is misleading if it includes the provision of false information in relation to a wide range of matters relating to the trader and his or her goods or services, and if that information would be likely to cause the average consumer to make a purchasing or other decision that he or she would not otherwise make. A trader who engages in such a misleading commercial practice commits an offence. A commercial practice may also be misleading if the trader omits or conceals information necessary for an informed consumer decision and if that omission or concealment would be likely to cause the average consumer to make a purchasing or other decision that he or she would not otherwise make.
An advertiser who publishes an advertisement which contravenes the Act does not commit an offence, however, if the advertiser proves that he or she did not know, and had no reason to suspect, that its publication would be in contravention of the Act. In order to assist enforcement of the Act’s provisions on misleading advertising, an advertiser who accepts or agrees to publish an advertisement is required to make a record of the name and address of a trader who places an advertisement, and to keep that record for not less than two years from the date of its publication.
Advertisements in print and other media that are directed at businesses are regulated by the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (SI No 774 of 2007) which give effect to Directive 2006/114/EC on Misleading and Comparative advertising. The Regulations provide that a marketing communication is misleading if, in any way (including its presentation), it deceives or is likely to deceive in relation to any matter specified in the Regulations the trader to whom it is addressed or whom it reaches, and by reason of its deceptive nature, it is likely to affect the trader's economic behaviour or to injure or be likely to injure a competitor.
In addition to these legislative provisions, advertisements in print and other media come within the system of self-regulation established and administered by the Advertising Standards Authority for Ireland. The Authority’s Code of Standards for Advertising, Promotional and Direct Marketing requires advertising and other marketing communications to be 'legal, decent, honest and truthful'. Members of the Authority are required to abide by the Code and not to publish an advertisement that contravenes it.
