Commercial communications for alcoholic drinks shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light. Commercial communications for alcoholic drinks shall not claim that alcohol has therapeutic qualities or that it is a stimulant sedative tranquillizer or means of resolving personal conflicts. They shall not place emphasis on a high alcoholic content as being a positive quality of beverages.
Commercial communications for alcoholic drinks shall not create the impression that consumption as such beverages contributes towards sexual attraction or social success. They shall not link the consumption of alcohol to enhanced physical performance or to driving.
Communications for drinks that contain alcoholic content of 25 percent or above are not permitted, e.g., vodka, whisky, rum, gin, brandy, tequila.
Commercial communications for alcoholic drinks shall not be aimed specifically at children or in particular depict children consuming these beverages. They shall not encourage children or other non-drinkers to begin drinking. They should be cast towards brand selling and identification only.
Commercial communications for alcopops and products of similar nature are not permitted. Broadcasters shall ensure that commercial communications for alcoholic beverages are not transmitted in or around programs intended primarily for children and shall take account of the age, the profile of viewers or listeners to ensure that they are communicated to adults insofar as possible.
All commercial communications for alcoholic drinks shall comply with the relevant voluntary code of practice for alcohol radio and television marketing, communications and sponsorship recognized by the Department of Health.
Commercial communications coming within the scope of the code must comply with all legislation. They shall not contain recommendations by health professionals or recommendations by persons who because of their celebrity could encourage the use of medicines, medical treatments, products or services and/or cosmetic treatments and services.
Commercial communications shall not contain statements that give the impression of professional advice or recommendations made by a person who appears in the communication and who are presented, whether actually or by implication has been qualified to give such advice or recommendation.
They shall not make reference to a hospital, clinic, college, institute, laboratory or other body unless a bona fide establishment corresponding to the description in fact exists. No reference shall be made to doctors unless the reference can be used with propriety in the context of the commercial communication.
Commercial communications shall not contain unwanted or indiscriminate use of words such as “safe”, “without harm” or terms of similar meaning. Exaggerated claims are not permitted, in particular through the selection of testimonials or other evidence unrepresentative of the effectiveness of medicines, medical treatments, products or services and cosmetic treatments and services.
Commercial communications for medical products, medical treatments and cosmetic treatments and services intended to treat any serious complaint, conditions, symptom or disease which should rightly receive the attention of a registered medical practitioner are not permitted. Those containing offers to diagnose or treat by correspondence any serious complaint, condition, symptoms or disease are not permitted.
No commercial communication shall be calculated to induce fear on the part of the listener or viewer that he or she without treatment, may suffer or suffer or more severely from any serious complaint condition, symptom or disease. They shall not falsely claim or suggest that a medicine, medical treatment, et cetera is in a form in which it occurs in nature or falsely claim that is value lies in its being natural. The unnecessary indiscriminate, irrational or other excessive use of medicines, treatments, products, services et cetera, shall not be encouraged directly or indirectly.Reference to a prize competition or similar scheme are not permitted in commercial communications for medicines.
Commercial communications for medicines shall comply with the general rules applying to commercial communications for medicines, medical treatments, products and services and cosmetic treatments above. They shall also comply with any products authorization license including the summary of product characteristics as issued by the relevant competent authority.
Cosmetic Treatments and Services
Commercial communications for surgical and nonsurgical cosmetic treatments and services shall comply with the general rules applicable to commercial communications for medicines, medical treatment, products, et cetera, above. Communications for surgical and cosmetic treatments may contain the address of the service provider and a factual description of the services available, but shall not contain anything which would be deemed an encouragement to use the treatment or service. Information detailing special offers, discounts or reference to credit facilities intended to encourage the use of cosmetic treatments or services of this nature are not permitted.
Commercial communications for hypnosis, hypnotherapy, psychology, psychoanalysis or psychiatry shall comply with the general rules above. They make contain the e address of the service provider and a factual description of the services available which shall not contain anything which could be deemed an encouragement to use the product or service. Information detailing special offers, discounts, or other promotional offers intended to encourage the use of treatments, products or services are not permitted.
Commercial communications for products or services purporting to assist people to quit smoking shall indicate clearly that the product or services only effective in conjunction with the positive application of the consumer’s will power.
Commercial communications for cosmetic products shall comply with all relevant codes and European legislation. Commercial communications shall not make any offer of a treatment product or service for slimming which is in itself likely to have harmful effects, not directly associated with the following of a properly designed diet and does not clearly state the manner in which slimming will be achieved.
Commercial communications containing health and nutritional claims made from food shall comply with all legislation rules, codes of practice from time to time in force and issued by the relevant authority.
Communications for a follow on infant formula shall not suggest either directly or indirectly the superiority of the product to breastfeeding and shall clearly indicate the unsuitability of the product for infants under six months.
A maximum of 25 percent of sold advertising time and only one in four advertisements for high fatty salt and sugar food products or services are permissible across the broadcast day.
Betting & Psychics
Commercial communications which seek to promote services for those who want to bet or acceptable. They may contain the address of the service provider and factual descriptions of the services available. They shall not contain anything which coul;d be deemed to be an encouragement to bet.
Information detailing special offers discounts with inducements to visit any betting establishing, including online betting with reference to betting odds available or any promotional offer intended to encourage the use of the service are not permitted.
Commercial communications for premium rate telecommunications services shall clearly state all charges for accessing these services in terms which do not mislead whether by exaggeration, omission or in any other way. They shall comply with all relevant Irish and European codes, rules, regulations and codes of practice in force or issued by the relevant authorities.
Commercial communications for fortune tellers, psychic services, et cetera are acceptable where the service is evidently for entertainment purpose and this is made clear in the communications. Claims that future events may be predicted other than as a matter of opinion are not permitted. Claims to make contact with the deceased persons are not permitted. Claims relating to matters of health cures, and curing and healing are not permitted.
Controlled or Prohibited
In addition to other classes of commercial communications,those within the recognized character of or specifically connected with the following are not acceptable.
- products treatments or services that are only available on medical prescription
- cigarettes and tobacco
- political advertisements
- advertisements that relate to an industrial dispute
- advertisements relating to the merits or otherwise pertaining to any religious faith or belief or becoming a member of any religion or religious congregation or organization.
Commercial communications for financial services shall be presented in terms that do not mislead whether by exaggeration or omission or in any other way. They shall comply with all applicable Irish and European legislation rules and codes of practice from time to time issued by the competent authority.