Pressure mounts to ban TV alcohol ads

PRESSURE on the Government to reconsider its opposition to a total ban on TV advertising of alcohol could grow following a landmark judgment by the European Court of Justice.

The Luxembourg-based court ruled yesterday that a ban in France which prohibits the transmission of sporting events containing alcohol advertising was compatible with EU law.

“Such a ban constitutes a restriction on the freedom to provide services, but is justified by the aim of protecting public health,” said the court.

Last month, the Department of Health effectively ruled out one of the main recommendations of a report by the Joint Committee on Health and Children to ban alcohol adverts within a three-year timeframe as part of an overall programme of reducing alcohol abuse by young people.

A Department of Health spokesperson said at the time that such a ban could be contrary to European law on the free movement of goods and services.

Based on yesterday’s ruling, a similar ban, if introduced in Ireland, could prevent RTÉ from transmitting English Premiership games that contained alcohol advertisements. However, it could not prevent such games being shown by either the BBC or ITV, although the situation with satellite stations like Sky Sports is less clear.

Oireachtas Health Committee chairman Batt O’Keeffe welcomed the court ruling as a positive step towards limiting alcohol advertising.

“It is fantastic news as our first reaction to the recommendation to ban all alcohol advertising was that it might not be legally possible,” he said. Mr O’Keeffe said the ruling provided the various member states with the opportunity to have an EU-wide initiative to limit alcohol advertising.

“We must now look seriously at this issue and hopefully the Government will take up the initiative on it.” He said the recommendation would also be reviewed by the committee after the Dáil summer recess.

Although the Department of Health has plans to implement legislation to limit advertising by drinks firms, it is opposed to an outright prohibition. Instead, it is expected to outlaw advertisements which suggest that alcohol can enhance one’s life or make one more attractive as well as compelling drinks companies to carry public health warnings in all TV commercials.

Under French legislation, TV stations must refuse to transmit all sporting events in which hoardings or sports shirts contain alcohol advertising, even where they broadcast sporting events from outside their jurisdiction.

However, the EC, supported by the British Government, had claimed that the French ban was incompatible with the freedom to provide services.

The case was also referred to the European Court of Justice after Bacardi sued French TV station TF1 when a number of foreign clubs refused to rent advertising hoardings to them.

Although the court ruled that French TV advertising rules constituted a restriction on the freedom to provide services, it deemed them allowable because the legislation sought to protect public health.