Home > Statutory report on the effect of the BAI Children’s Commercial Communications Code.

Broadcasting Authority of Ireland. (2021) Statutory report on the effect of the BAI Children’s Commercial Communications Code. Dublin: Broadcasting Authority of Ireland.

PDF (Effect of the BAI Children’s Commercial Communications Code)

The BAI Children’s Commercial Communications Code (“the Code”) sets down the rules applying to broadcasters in respect of commercial communications that promote products, services, or activities, that are deemed to be of particular interest to children, and/or broadcast during and between children’s programmes. Commercial Communications include advertising, sponsorship, teleshopping and product placement. The Code was introduced in 2005, was updated in 2011 to give effect to the AVMS Directive introduced in 20101 and again in 2013 to introduce rules on High Fat, Salt, Sugar foods (HFSS). The requirement for the Code is set out in Section 42 of the Broadcasting Act 2009 (“the Act”). Section 45(3) of the Act requires the Authority to review the effect of the Code and to submit a report to the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media (“the Minister”). The Act requires the Minister to submit the report to be laid before the Houses of the Oireachtas.

P.26: The General Code on Commercial Communications prohibits the promotion of: products, service and treatments only available on prescription; cigarettes and tobacco, infant formula; advertisements prohibited further to sub-sections 41(3) & (4) of the Broadcasting Act 2009. This General Code also includes rules restricting the promotion of: medicines, medical treatments, products and services; foods (including beverages); financial services and products, and; premium-rate telecommunication services. Broadcasters are also reminded of the requirement to comply with the Alcohol, Marketing, Communications and Sponsorship Code of Practice. A copy of this Code is available to view at www.iapi.ie. Further information on alcohol advertising for radio broadcasters is available at www.ibireland.ie. Broadcasters are advised to review the guidance notes on the General Code on Commercial Communications for more information on the restrictions contained under this heading.

P.70: There is a strong encouragement to use co-regulation and self-regulation to enhance protection of minors and to reduce the exposure of children to certain kinds of advertising such as alcohol and gambling, and also unhealthy food marketing. These regimes are also encouraged for the regulation of advertising on video-sharing platforms. The Directive stresses that self-regulation should be a complement to, rather than a substitute for, regulation on this issue. It also recognises the importance of having regulatory back-stops as in the case of co-regulatory regimes.

[Please see the full report for all references to alcohol, tobacco and gambling]

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