list of contributors - GALA

IRELAND
Duncan Grehan & Conor Griffin
Duncan Grehan & Partners Solicitors
dgrehan@duncangrehan.com
cgriffin@duncangrehan.com
www.duncangrehan.com
1. Topic: The Investment Funds, Companies and Miscellaneous Provisions Bill, 2005
Stricter punishment for breach of misleading advertising or pricing
regulations
Who: Department of Enterprise Trade & Employment
When: April 2005
Where: Ireland
What Happened: Proposed legislation is currently being processed by the Government which
would increase the maximum fines that can be imposed on conviction for
breach of a variety of consumer protection laws. Retailers who are found to
be in breach of misleading advertising under the Consumer Information Act,
1978 could soon face fines of up to €3,000, an increase from the current fines
of €635. These fines also apply to retailers found guilty of below cost selling
of goods and to retailers who are found to be in breach of the Sale of Goods
and Supply of Services Act, 1980 which states that anything purchased from
a retailer must be of merchantable quality and fit for the purpose described.
Prosecutions can also be taken against retailers on indictment in the Circuit
Court and it is proposed to increase the maximum fine in the Circuit Court
from €12,697.00 to €60,000.
Comments: The proposed legislation has been welcomed by the various consumer
groups and by the Office of the Director of Consumer Affairs. The fines had
not been changed since the laws were enacted dating back as far as 1978 and
realistically the punishments no longer acted as a deterrent to retailers who
could easily eclipse the fine payable in a short time acting in breach of the
laws.
2. Topic: Complaint re Playstation 2 Game Advertisement
Who: Advertising Standards Authority of Ireland;
Broadcasting Complaints Commission
When: January 2005
Where: Ireland
What Happened: Advertising in a variety of media for a Playstation 2 Game called “The
Getaway, Black Monday” was the subject of complaints A poster
advertisement showed a threatening looking man holding a baseball bat with
the headline “London’s great if you like a bit of clubbin. Fun anyone?” The
television advertisement showed a man being chased along a rooftop and
then a man hiding in a toilet cubicle while the door of the cubicle is being
forced open. As the door is forced open the commercial moved from real
actors to a computer generated character in the game shooting an unseen
person. Complaints included that the pun on the word “clubbin” implied
violence and projected it as something fun to do. The television
advertisement was described as “nasty”. The advertisers pointed out that
the game was targeted at over 18’s only and parental advisory warnings
were carried on all materials. The game was set in a criminal environment in
London and the advertisements reflected this.