The main legislative provisions and regulatory guidance governing harmful and offensive advertising in Ireland include:

The ASAI Code sets out several rules relevant to offensive and harmful advertising, including that advertisers should avoid causing offence, using offensive or provocative images and that they should take account of public sensitives. For advertisements portraying minority groups or vulnerable people, advertisements must not exploit beliefs, symbols or practices, stereotyping and negative or hurtful images should be avoided and equality and dignity must be respected.

The GC Code provides that broadcast media advertisements must not cause serious or widespread offence, cause harm or encourage harmful behaviour.

CnM has the power to make online safety codes which will apply to certain designated online service providers and require them to put in place measures to minimise “harmful online content”. Commercial communications, including advertisements, will fall within the scope of these measures. While the CnM has not yet published safety codes, the first code is anticipated before the end of 2023.

The Harassment and Harmful Communications Act 2020 provides that it is a criminal offence to distribute, publish or send threatening or grossly offensive communications about another person. The term “communications” is broadly defined and encompasses advertisements.

The Prohibition on Incitement of Hatred Act 1989 prohibits publishing or distributing written material or using words, behaving or displaying written material or distributing, showing or playing recordings or visual images or sounds, if the material is threatening, abusive or insulting and are intended to, or likely to, stir up hatred.

The Marketing and Comparative Marketing Regulations contain a specific prohibition on misleading marketing communications. A marketing communication is misleading if it deceives or is likely to deceive and it is likely to affect economic behaviour or injures, or is likely to injure, a competitor regarding specified matters (including price and the characteristics of a product). Note that these provisions erroneously refer to “trader” instead of the “consumer”; this has been acknowledged as an error by the Irish High Court.

The CPA contains a general prohibition on unfair commercial practices. It also prohibits several specific misleading commercial practices (including misleading by omission).

The ASAI Code contains several relevant requirements regarding misleading advertising, including that:

• advertisements must not mislead by inaccuracy, exaggeration or omission
• opinions should be clearly distinguished to avoid misleading consumers
• claims likely to be regarded as objectively true must be capable of substantiation with documentary evidence
• technical data should not be mis-characterised, misused or misleading.

The GC Code prohibits misleading, subliminal and surreptitious advertisements.

A number of industry-specific codes also prohibit misleading advertising. Examples include the Legal Services Regulation Act 2015, the Veterinary Medicinal Products and Medicated Feed Regulations 2022 and the Health Products Regulatory Authority’s Guide to Advertising Compliance.

a. Alcohol  

The Public Health (Alcohol) Act 2018 is the primary legislation governing the advertising of alcohol products. It contains restrictions and prohibitions on the advertising and marketing of alcoholic products, including:

• advertising alcohol at sporting events
• children’s clothing which advertises alcohol
• advertising of alcohol in certain places, e.g. in a park or at a school

The advertising and marketing of non-alcoholic beverages is an area of regulatory focus and specific advice should be sought on the application of the 2018 Act restrictions to such products.

The ASAI Code also contains rules governing alcohol advertising, including that alcohol advertisements:

• should include a message to drink alcohol responsibly
• should not be directed to children
• digital media primarily promoting alcohol should be age-gated

For the purposes of the ASAI Code, alcoholic drinks are those which exceed 1.2% alcohol by volume. At the time of writing, further ASAI guidance is expected regarding the advertising of ‘0.0% alcohol’ products. The GC Code requires advertisements to comply with domestic and European legislation and any codes of practice published by the Department of Health. It also prohibits certain types of alcohol advertisements, including advertisements:

• linking alcohol consumption with enhanced physical performance or driving
• encouraging binge-drinking
• which depict children consuming alcohol

b. Tobacco and related products, such as vapes and nicotine pouches

Advertising of tobacco and tobacco-related products is significantly restricted and there are different rules applying to different types of products. We provide some general guidance below but specific legal advice should be sought regarding the advertising or promotion of these products.

Traditional tobacco products: cigarettes, cigars, roll-your-own tobacco

Advertising tobacco products (including cigarettes, cigars, roll-your-own tobacco, cigarette paper/filters) is prohibited under the Public Health (Tobacco) Act 2002 (as amended) with limited specific exceptions.

Vaping products

Advertising of vaping products which includes e-cigarettes and refill containers is governed by European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016, which expressly prohibit the advertising of vaping products online, in audiovisual and radio advertisements, in the press/printed publications and advertisements/sponsorship with a cross-border effect.

The ASAI Code contains specific rules regarding vaping products, including that advertisements should:

• be socially responsible and should not appeal to under 18-year-olds
• not contain designs, imagery or logos that might reasonably be associated with tobacco brands
• clearly indicate that vaping products contain nicotine

At the time of writing, new laws are anticipated under the Public Health (Tobacco and Nicotine Inhaling Products) Bill 2023 that will further regulate the advertising of vaping products.

Nicotine pouches

There is no product specific regulation governing nicotine pouches. However, advertisements should comply with the general provisions of the ASAI Code and the CPA.

c. Medicines, medical devices and surgical or medical procedures  

Medicines

The Medicinal Products (Control of Advertising) Regulations 2007 regulate the advertising of medicinal products in Ireland. They prohibit the advertising of prescription-only medicines, controlled drugs, and certain sizes of non–prescription medicinal products to the public. They also prohibit certain material in advertisements for medical products. For example, such advertisements must not:

• give the impression that a medical consultation or surgical operation is unnecessary
• suggest that the effects of taking the medicinal product are guaranteed
• be directed exclusively at children
• include, in misleading term, recovery claims.

The Health Products Regulatory Authority (HPRA) has published a Guide to Advertising Compliance which provides additional information on the practical application of the regulations.

The ASAI Code contains specific rules regarding the advertising of medicinal products. Examples include that:

• medicinal claims or medical claims and indications may only be made for medicinal products that are authorised by the HPRA or European Medicines Agency
• prescription-only medicines may not be advertised to the public
• advertisements should not suggest that the medical product is absolutely safe or without side-effects or as good as or better than those of another identifiable product

There are also specific rules about homeopathic and alternative medicines.

The GC Code contains specific rules on the advertising of medicinal products on broadcast media. For example:

• advertising of prescription-only medicinal products, controlled drugs, psychoactive substances, or medical devices that treat serious illness are not permitted
• commercial communications for other medical products are allowed only where they have appropriate authorisations

The Irish Pharmaceutical Healthcare Association has published two codes of practice relating to the advertising of medicines: (i) Code of Practice for the Pharmaceutical Industry; and (ii) Self-Care Advertising Code. The Codes apply to those who are voluntarily members of the IPHA.

Medical Devices

The Medical Devices Regulations 2021 prohibits the advertising of a device using text, names, trademarks, pictures or figurative or other signs that may mislead the user or patient as to the intended purpose of the device.

The ASAI Code contains a detailed section on the marketing of medicines, medical devices, treatments and health-related products. This includes the stipulation that marketing communications for a medical device should be consistent with its intended purpose.

HPRA’s Guide to Advertising Compliance does not cover the advertising of medical devices, but it does state that any medical device being advertised must have a ‘CE mark’ and such advertisements must comply with the ASAI Code.

Surgical and medical procedures

There is no specific regulation governing the advertising of medical procedures to consumers.

However, different regulatory bodies have introduced relevant guidelines and codes of conduct. For example, the Medical Council of Ireland’s Guide to Professional Conduct & Ethics contains specific rules on advertising of medical services, as does the Irish College of Ophthalomologists’ “Guidelines for Refractive Surgery in Ireland”.

d. High fat, salt and sugar foods   

The ASAI Code restricts the advertising of HFSS foods to children. For example, advertisements are subject to product placement rules including maximum thresholds for specific mediums and commercial sponsorship involving HFSS foods for events that appeal to primary school children are banned.

The CCC Code also restricts advertising of HFSS foods to children. For example, advertisements are not permitted in children’s programmes and advertisements must not portray or refer to celebrities or sport stars (unless related to a public health or educational campaign).

The OSMR also permits CnM to prepare online safety codes that prohibit or restrict the inclusion of commercial communications in user-generated content relating to foods or beverages considered by the CnM to be the subject of public concern in respect of the public health interests of children.

While there is no specific legislation on the advertising of HFSS foods, Regulation (EU) No 1169/2011 provides that food information shall not be misleading. Regulation (EC) No 1924/2006 (Nutrition and Health Claims Regulation) provides that the use of nutrition and health claims shall not be false, ambiguous or misleading or encourage or condone excess consumption.

e. Gaming and gambling services  

Legislation currently regulates three main types of gambling: betting, gaming and lotteries (although the Irish National Lottery is subject to a separate regulatory regime).

Betting is regulated by the Betting Act 1931 (as amended). The Betting Act contains limited rules relating to advertising presently including:

• unlicenced remote bookmakers are prohibited from communicating with Irish customers
• attractions outside a registered betting premises encouraging people to congregate are prohibited
• statements of terms/odds that a bookmaker is willing to offer or forecasts or other inducements to bet should not be shown in a manner so as to be seen from the street

Gaming and lotteries are regulated by the Gaming and Lotteries Act 1956 (as amended). In general terms, the 1956 Act provides that the advertising and marketing of gaming is prohibited unless the entity is the holder of a gaming licence. However, gaming licences are only available in very limited circumstances. The advertising of gaming services by licenced offshore operators will not, however, necessarily be caught by the jurisdictional scope of the legislation. Specific advice should therefore be sought. As regards lotteries, the 1956 Act provides that advertising/marketing of such a lottery is prohibited unless the entity is the holder of a lottery licence. Again, however, jurisdictional considerations apply to the advertising of lotteries by licenced offshore operators, and specific advice should therefore be sought.

At the time of writing, significant reform is anticipated in this area, with the Gambling Regulation Bill 2022 currently progressing through the Irish parliament. The Bill will introduce new restrictions on advertising, sponsorship, and promotional practices on all forms of gaming and betting.

The ASAI Code sets out detailed standards for gambling advertising including, for example, that:

• advertisements must contain a message to encourage responsible gambling and direct people to a source of information about responsible gambling
• messaging regarding success rates or profitability should be capable of substantiation
• it also contains specific rules relating to children including that advertising should not be directed at those under 18

The GC Code sets out specific rules regarding gambling advertisements broadcast on licenced media, including, for example, that gambling advertisement must not:

• suggest that gambling can be a solution to personal or professional problems or financial concerns
• feature children gambling, contain material which is directed at children or be broadcast in or around children’s programmes
• contain any direct encouragements to gamble, for example special offers or free bets

f. Adult and sex-related services  

Advertising of certain adult and sex-related services is prohibited, including by:

• the Criminal Justice (Public Order) Act 1994, which specifically provides that it is a criminal offence to advertise brothels and prostitution; and
• the Advertisements Act 1889 sets out that it is an offence to affix/inscribe on a building pictures or words of an indecent or obscene nature.

Advertising of adult and sex-related services is not explicitly addressed in the ASAI Code. However, the following rules are potentially relevant:

• advertisers should avoid the exploitation of sexuality and not use offensive or provocative images
• advertisements should not be exploitive or demeaning towards men or women
• advertisements should not contain anything that breaks the law or incites anyone to break it

The EC (Requirement to Indicate Product Prices) Regulation 2002 (as recently amended by the EU (Requirements to Indicate Product Prices) (Amendment) Regulations 2022 contain specific rules regarding advertising prices and this is a current area of regulatory focus. The key requirement is that traders must indicate the ‘prior price’ of the product (which is the lowest price during the previous 30 days) when announcing any price reduction.

The CPA provides that it is a misleading commercial practice to provide false or misleading or deceptive information which would cause a consumer to make a transactional decision that they would not otherwise have made. This includes providing false or misleading information regarding the product price, how the price is calculated or the nature of the advantage to the consumer.

Under the CPA, it is a prohibited commercial practice for a trader to represent that:

• they or their product have an approval, authorisation, or endorsement which they do not have
• a code of practice has an approval or other endorsement that it does not have
• a review was submitted by a consumer who actually used or purchased the product without taking steps to verify
• a review or endorsement has been submitted by a consumer when it has been commissioned

The CPA also provides that it is a misleading commercial practice for a trader to provide false information regarding the existence, extent or nature of any approval or sponsorship of the product where such information is likely to mislead an average consumer to make a transactional decision they would not otherwise have made.

The ASAI Code provides that, while testimonials may be used in advertisements, they do not constitute substantiation and the opinions expressed should be supported, where necessary, with independent evidence. Where advertisers use testimonials, they should:

• be able to provide supporting documentation
• only use testimonials with prior permission of the person named in the advertisement
• relate to the product offered
• not be presented as genuine testimonials where the endorsement is from a fictious or historical character
• when referring to research, tests, etc. only do so with the permission of those concerned

The GC Code provides that testimonials may be used in advertisements on licenced broadcast media provided they are genuine, relevant, contemporary, and relate to the person giving the testimonial. Documentary evidence of any testimonials used should be retained by the broadcaster.

There are currently no specific rules set out in legislation but this is likely to change in the coming years, given the EU’s proposed “Green Claims Directive”.

The ASAI Code sets out specific rules relating to environmental claims. The strictest rules relate to “absolute claims” which should not be used without qualification unless advertisers can provide substantiation that their product will cause “no environmental damage”. “Qualified claims” are subject to slightly less stringent requirements but should nonetheless be capable of substantiation.

The following are some of the specific rules set out in the ASAI Code, but given the high-risk nature of environmental claims, it is important to carefully review them against all provisions of the code. Provisions include that:

• advertisers should not indicate that their environmental claims command universal acceptance if there is significant division of scientific opinion
• the requirements of the code apply over the course of the product’s lifecycle
• environmental symbols should not be used to suggest official approval or third-party certification where no such approval or certification has been given

Advertisements that do not clearly distinguish between advertorial from editorial content may breach the prohibition on misleading commercial practices in the CPA, in particular the offence of withholding material information that is likely to induce a consumer into entering a transactional decision that they would not otherwise make.

The ASAI Code applies to advertorials but does not apply to editorial content. Failing to properly disclose content as advertorial would breach the general obligation that marketing communications should not mislead.

The GC Code requires broadcasters to ensure that the distinction between editorial and advertorial communications is clear and identifiable to audiences and provides that presenters should not advertise products or services during editorial content.

The CPA provisions regarding unfair, misleading, aggressive, and prohibited commercial practices apply to advertising content published by influencers/brand ambassadors. For example, influencer/brand ambassador content may be regarded as misleading where it withholds material information which might mislead an average consumer into making a transactional decision they would not otherwise have made.

Influencers or brand ambassadors could also breach the prohibited commercial practices provisions if they post editorial content without disclosing that it is a paid promotion.

The ASAI Code applies to all marketing communications published by influencers. The ASAI has published guidance on ‘Recognisability of Influencer Marketing Communications’ which elaborates on the application of the Code to influencer advertising. It provides, for example, that such advertisements should clearly disclose where influencers have been paid or otherwise compensated to promote or review products or use affiliate links and that such disclosures should be clear, legible, and visible to consumers before they interact with the content.

The GC Code prohibits product placement in broadcast advertising, subject to limited exceptions. It provides that paid product placement is only permitted in cinematographic works, television films, sport, dramas and light entertainment programmes. There is also a prohibition on subliminal and surreptitious advertising.

The Audiovisual Media Services Directive (AVMS Directive), which is transposed by the OSMR, permits product placement in audiovisual media services except for news and current affairs programmes, consumer affairs programmes, religious programmes and children’s programmes. It sets out certain criteria where product placement is used, including how viewers are informed of the product placement.

The AVMS Directive prohibits surreptitious advertising and provides that media service providers should not use subliminal techniques.

The OSMR provides that CnM can publish certain codes regarding matters set out in the AVMS Directive, including product placement though none have yet been published.

The CPA, Comparative Advertising Regulations and ASAI Code generally apply to all types of advertising. The following laws and regulations apply to different types of advertising media.

Online

The OSMR provides for development of online safety codes that will also apply to commercial communications (and will therefore include online advertisements).

The DSA introduces regulations that apply to online platforms that present advertisements on their interface. While the DSA is only in force in respect of certain very large online platforms (VLOPs) and search engines (VLOSEs) which have been designated as such by the European Commission, it will apply more generally from February 2024.

Broadcast

The advertising rules in the OSMR apply to broadcast media providers.

The GC Code and the CCC Code apply advertising on Irish-licenced broadcast media services (and not foreign media).

Non-Broadcast

There are no specific rules relating to non-broadcast media.

The term ‘direct marketing’ is not defined in Irish legislation and in practice it has been interpreted broadly as involving any direct communication, including email, SMS, direct mail, direct calls, aimed at attempting to promote a product or service.

The ePrivacy Regulations 2011 set out the specific rules for direct marketing communications via electronic communications, including email and SMS, and apply in tandem with the GDPR / Data Protection Act 2018. The general rule is that a recipient’s consent is required before issuing a direct marketing communication (i.e. a specific ‘opt-in’).

Limited exceptions to the consent requirement arise where, for example, an email is issued to, what appears to be, the recipient’s corporate email address or a ‘soft opt-in’ (which is subject to specific criteria) is obtained from an existing customer before the issuance of the direct marketing communication. Specific legal advice should be sought before relying on these exceptions.

Electronic direct marketing communications must include a valid address where the sender can be contacted and the option for the customer to ‘opt out’ of future marketing emails.

Breaches of the ePrivacy Regulations may give rise to a criminal offence. Notably, the Data Protection Commissioner has been active in prosecuting such breaches before the District Court.

The ePrivacy Regulations 2011 do not apply to direct marketing issued via post. However, the requirements of the GDPR / Data Protection Act 2018 will apply. For example, the person must be made aware that their details were collected for marketing purposes, such details were obtained fairly and lawfully, and the person must not have objected to receipt of the direct marketing communication.

Beyond the general law, the CCC Code and the ASAI Code set out specific rules/standards for children’s advertising.

The CCC Code deals with advertising, sponsorship and product placement aimed at children on licenced broadcast media. For example, it provides that children’s advertising must be clearly separate from programme content, children’s programmes of less than 30 minutes scheduled duration may not be interrupted by advertising and sponsors of children’s programmes may not place their product in the sponsored programme.

The ASAI Code applies to children’s advertising in all media and provides, for example, that an advertisement should contain nothing that is likely to result in physical or mental harm to children or is likely to frighten / disturb them except where it is intended to promote safety or is in the public interest.

The OSMR gives CnM the power to publish codes aimed at the protection of children, including from content (which may include advertising) which may impair their physical, mental or moral development. No such codes have yet been published.

The Misleading and Comparative Marketing Regulations provide that comparative marketing which explicitly or implicitly refers to a competitor or competing products is prohibited unless certain criteria are met, including:

• that the marketing communication is not misleading
• the products which are compared meet the same need or are intended for the same purpose are compared
• one or more material, relevant, verifiable and representative feature of the product is compared (which may include the price)
• the trademark, tradename or other distinguishing marks of a competitor are not discredited, denigrated or unfair advantage taken of them

The interpretation of the above outlined criteria has been the subject of High and Supreme Court case law. An aggrieved trader may apply to the Circuit or High Court seeking an order prohibiting a trader from engaging or continuing to engage in a prohibited comparative advertising in breach of the Misleading and Comparative Marketing Regulations.

The ASAI Code sets out similar conditions to that of the Misleading and Comparative Marketing Regulations, although it is more prescriptive on certain points. For example, it stipulates that comparisons should make clear the basis of selection and the compared elements should not be unfairly selected to give the advertiser an artificial advantage; and a claim that any product is superior should be capable of substantiation.

The term ‘commercial practice’ is broadly defined under the CPA such that it would generally include consumer promotions. The CPA provisions regarding unfair, misleading, aggressive, and prohibited commercial practices therefore apply to consumer promotions. Examples of relevant prohibited commercial practices include:

• representing that a product is free if a consumer must make any payment other than the reasonable costs
• promoting a product in a manner that deliberately misleads a consumer into believing that the product was manufactured by the manufacturer when it is not
• using editorial content to promote products without making it clear that it is a paid promotion

Separately, the Price Indication Regulations 2022 may apply to consumer promotions involving a price drop claim.

The ASAI Code also contains both general and specific rules regarding certain promotional marketing practices, for example, regarding price reductions, free offers or vouchers.

The term ‘commercial practice’ is broadly defined under the CPA such that it would generally include promotional prize draws and skill competitions. The CPA provisions regarding unfair, misleading, aggressive, and prohibited commercial practices therefore apply to such draws and competitions. Examples of relevant prohibited commercial practice include:

• operating, running or promoting competitions or prize promotions without awarding the prizes or providing reasonable equivalents
• representing or creating the impression that a consumer will win a prize if there is no prize or if the consumer has to pay or incur a loss to receive the prize

The ASAI Code also sets out specific requirements for “promotions with prizes”, including that the number of prizes available should be clearly stated, entry conditions and the closing date clearly worded and the likelihood of success not exaggerated.

The GC Code contains rules regarding competitions, including that participants must have a fair chance of winning sponsored competitions and broadcasters must ensure pertinent information about competitions is made available.

In addition to the above provisions, it is necessary to consider whether the prize draw or competition could involve a lottery or any form of gambling activity, and if so, whether it is permitted, requires a licence or falls within the ‘sales and marketing’ exception summary. This exception (which is currently provided for in the Gaming and Lotteries Act, 1956) provides that lotteries conducted in conjunction with the sale/marketing of a product will be exempt from the requirement to obtain a lottery licence or permit if the prize if less than €2,500 in value and there is no participation charge (other than the price of purchasing the product itself). This exception is expected to be retained, with the relevant amount to be increased to €5,000, when the Gambling Regulation Bill 2022 is enacted into law.

There is no general requirement to register a prize competition with any state agency or authority, although it is possible that some sector/industry specific requirements could apply. Note, for completeness, that if a promotional prize competition falls within definition of a ‘lottery’ under the Gaming and Lotteries Act 1956 but is not captured by the sales and marketing exception outlined in response to question 15 above, then a lottery licence may be required.

There is a strong relationship between IP law and advertising law, including trademarks, copyright and comparative advertising.

A trademark can protect advertising slogans, sounds, logos, business/product names or other signs used in advertising. Where a person uses, in the course of trade, a sign which is identical or similar to a protected trademark in relation to identical or similar goods or services, this may give rise to a trademark infringement.

Comparative advertising is the use of another company’s trademark to compare that company’s products with its own. The Misleading and Comparative Advertising Regulations set out the conditions in which advertisers can refer to the trademark of a competitor when advertising products or services. If those conditions are not met, an advertiser risks both breaching the regulations and infringing any relevant trademarks, unless, for example, one of the other exceptions under the Trade Marks Act 1996 applies (e.g. use “in accordance with honest practices in industrial or commercial matters”).

Similarly, copyright can protect creative content, including photographs, written content, graphics, audios, videos, layout or website design. The primary governing legislation is the Copyright and Related Rights Act 2000 (as amended). Broadly, infringement of a copyright under the Copyright and Related Rights Act 2000 (as amended) occurs where a person (without the permission of the copyright owner or without obtaining a licence):

• makes a copy of a work
• makes a work available to the public
• makes an adaptation of a work

Recent case law also indicates that online platforms have potential responsibility for ensuring that advertisers do not breach other parties’ trademarks.

Generally, an advertisement is considered an ‘invitation to treat’ and not an offer, i.e. a statement inviting a recipient to make an offer and setting terms on which the offer is likely to be accepted. A person who invites offers by way of false or misleading information risks breaching the unfair and misleading commercial practices provisions in the CPA.

It is however possible for an advertisement to be classified as an offer if it is intended to be binding should persons come forward prepared to act based on the offer, as set out in the classic case of Carlill v Carbolic Smoke Ball Co. Analysis on a case-by-case basis is required.

The Irish Constitution, European Convention on Human Rights and the EU Charter of Fundamental Rights provide for freedom of expression as a fundamental human right. However, it is not an absolute right and cannot be used by advertisers as a justification for engaging in otherwise prohibited advertising.

There is also specific legislation which restricts freedom of expression in the context of advertising. This includes, for example:

• certain censorship legislation which restricts freedom of expression where the relevant content is unacceptable, offensive, obscene and likely to incite hatred or violence
• the OSMR, which will likely place limitations on freedom of expression applicable to commercial communications (including advertising)

Breaches of the CPA may be subject to enforcement by the CCPC which has a range of civil and criminal enforcement powers. These include, for example, powers to issue compliance notices, prohibition orders and fixed payment notices. Areas of particular regulatory focus at the time of writing include influencer advertising and environmental claims.

The CCPC may also take criminal prosecutions against companies and/or their directors or officers. Penalties for criminal prosecutions range from fines of up to €3,000 and/or up to 6 months imprisonment to fines of up to €100,000 and/or up to 24 months imprisonment, depending on whether the proceedings are issued on summary or indictment.

Following the enactment of the Consumer Rights Act, 2022, here breaches of the CPA involve widespread infringements with an EU dimension, there is potential for greater penalties, including a fine not exceeding 4% of annual turnover in any Member State concerned or, where annual turnover is not disclosed, a fine not exceeding €2 million.

Breaches of the ASAI Code which are subject to complaint may be investigated under the complaints mechanism operated by the ASAI. The ASAI will inform the advertiser of the complaint and generally seek a response within 10 days. The ASAI then prepare a case summary with a recommendation for the Complaints Committee who reach a final decision (although there is generally an opportunity for the advertiser to comment on the draft case summary before the final decision is made). Advertisers found to be in breach of the ASAI Code may be directed to withdraw or amend the relevant advertisement or not run it in its current form again. A case summary will typically be published on the ASAI’s website. ASAI Complaints bulletins are usually the subject of media coverage.

CnM is responsible for enforcing rules on broadcasting and online media. If a member of the public has a complaint about a licenced broadcaster or audiovisual on-demand media service, they must first make a complaint to the broadcaster. If the complainant is dissatisfied with the response from the broadcaster or does not receive a reply within 20 working days, they can then make a complaint to the CnM within 14 days after the date of receipt of the broadcaster’s response/ or when a response was due. The CnM may affirm or annul the decision and require the broadcaster concerned to broadcast CnM’s decision, including any correction of inaccurate facts or information relating to any individual concerned.

Other industry specific regulators who play a role in enforcing advertising law include, for example, the Central Bank of Ireland (financial services), Commission of Communication Regulations (telecommunications), the Data Protection Commissioner (direct marketing), and Food Safety Authority of Ireland (food safety and hygiene).