I propose to take Questions Nos. 606 and 607 together.
The Broadcasting Act 2009, as amended by the Online Safety and Media Regulation Act 2022 (enacted in March 2023), provides that Coimisiún na Meán may make media service codes for broadcasters, audiovisual on-demand media providers and designated online services providing for standards and practices to ensure, among other things, that commercial communications protect the interests of the audience. This includes the making of codes where the commercial communications relate to matters likely to be of direct or indirect interest to children, that the interests of children are protected, having particular regard to the general public health interests of children.
In this regard, section 46N(7) of the Broadcasting Act 2009, as amended, provides that Coimisiún na Meán may make codes that provide for standards and practices in relation to broadcasters and providers of audiovisual on-demand media services that –
“may prohibit or restrict, in accordance with law, the inclusion in programmes of commercial communications relating to foods or beverages considered by the Commission to be the subject of public concern in respect of the general public health interests of children, in particular infant formula, follow-on formula or those foods or beverages which contain fat, trans-fatty acids, salts or sugars”
Section 139k(5) of the Act provides that in relation to designated online services, an online safety code that may be made by Coimisiún na Meán –
“may prohibit or restrict, in accordance with law, the inclusion in programmes or user-generated content of commercial communications relating to foods or beverages considered by the Commission to be the subject of public concern in respect of the general public health interests of children, in particular infant formula, follow-on formula or foods or beverages which contain fat, trans-fatty acids, salts or sugars."
Having regard to the position on the regulation of infant formula and follow-on formula, Coimisiún na Meán’s General Commercial Communications Code (Radio and Television Broadcasters) includes specific rules addressing commercial communications for infant and follow-on formula that appear on radio and television. Commercial communications for infant formula for use by infants during the first 6 months of life are prohibited. In addition, commercial communications for follow-on formula must comply with the rules set out in section 21 of the Code, including compliance with all relevant Irish and European legislation and with rules, regulations and codes of practice issued from time to time by a relevant competent authority.
In the case of on-demand services, Coimisiún na Meán’s Audiovisual On-demand Media Service Code and Rules also addresses harmful commercial communications. While the code does not contain specific provisions on infant and follow-on formula, the code and rules prohibit commercial communications that encourage behaviour prejudicial to health or safety.
Coimisiún na Meán’s Online Safety Code requires that video-sharing platform service providers do not allow “audiovisual commercial communications that are harmful to children”. Furthermore, intermediary services, including online platforms are required to remove illegal content on their service, once they become aware of it. This would include any commercial communications that contravene Irish and EU law in respect of infant and follow-on formula.
It is my understanding that the regulation of infant and follow on formula has been identified as a matter for inclusion and consideration in a review of Coimisiún na Meán’s codes and rules for broadcasting. In this regard, An Coimisiún has informed my Department that it will engage with stakeholders in 2026, including relevant public health authorities, and the findings from this engagement will be considered as part of An Coimisiún’s work planning for the 2027 period.