New Laws on Alcohol Advertising During Sporting Events and Children’s Events Come Into Force in Ireland

New restrictions on the advertisement of alcohol during sporting events and events aimed at children came into effect in Ireland in November 2021. Sections 15 and 16 of the Public Health (Alcohol) Act, 2018 were signed into law by the Minister for Health and effective from 12 November 2021. 

Section 15 of the 2018 Act  prohibits the advertising of an alcohol product in or on a sports area when a sports event is taking place, at an event aimed particularly at children, or at an event where the majority of individuals taking part are children. Section 16 prohibits the sponsorship by alcohol brands of events where the majority of individuals taking part are children, events aimed particularly at children, or events that involve driving or racing cars or motorbikes. Importantly though wearing clothing which features the name, trademark or logo of an alcohol product remains permissible, as long as the event isn’t primarily aimed at children. Sporting team kits sponsored by alcohol brands will remain permissible although it remains to be seen how the legislature views team kits in sports which have a large following of children (defined as anyone under 18).

The 2018 Act still contains significant sections which have not yet been commenced and which will affect alcohol brands and their agencies. For example the Act contains restrictions on what can be shown in broadcast advertising so that brands will become much more restricted in what they can show in adverts for alcohol as well as tighter time limits for the watershed for TV advertising, which will then only be permissible between 9pm and 3am. 

Penalties under the 2018 Act  include a fine of up to €250,000 and / or up to three years imprisonment. Enforcement action is to be taken by the Health Service Executive (HSE), being the responsible body under the Act however it is expected that in these early stages criminal proceedings would be unlikely and the HSE are more likely to work with brands or their agencies in the event of non compliance. Ultimately though the newly implemented sections of the Act are likely to further erode sponsorship of sporting events or organisations by brands given the hurdles now involved.