Dáil Éireann Debate, Tuesday - 29 June 2004
8 Ms McManus asked the Minister for Communications, Marine and Natural Resources the steps being taken to protect consumers, particularly children, being targeted by pornographers when third generation mobile phones come on stream; and if he will make a statement on the matter. [19206/04]
View answerI understand the Deputy's concern in regard to this matter. However, legislation already exists to tackle this problem and will apply to 3G services. It is an offence under the section 13 of the Post Office (Amendment) Act 1951 as amended by the Postal and Telecommunications Services Act 1983 to send by phone any message or other matter which is grossly offensive or of an indecent, obscene or menacing character. It is also an offence under section 10 of the Non-Fatal Offences Against the Person Act 1997 to harass a person by use of a telephone. Anyone who has information regarding these matters should bring it immediately to the attention of the Garda Síochána for criminal investigation. Such offences are not the responsibility of ComReg. My colleague, the Minister for Justice, Equality and Law Reform, is responsible for policy on the protection of children from the transmission of pornographic images by telephones and other media.
I recently launched an industry code of practice and a parental guide developed by the Irish Cellular Industry Association. The code of practice establishes the standards that mobile operators will adhere to on the issues of parental controls for minors' access to mobile services; malicious or offensive person-to-person communications; unsolicited commercial communications, such as spam; Internet access; and premium-rate services.
The parental guide advises parents on gaining dual control of their child's mobile, recommends action that may be taken to prevent or best protect their child from abuse of available services, and details existing legislative protection.
I fully support any such voluntary measures by the industry that seek to protect consumers, particularly the young and vulnerable. I have offered the co-operation of my staff in the development of further safeguards. The industry has assured me that the protection of young and vulnerable users is a mutual priority.
Officials in my Department have already held discussions with the Irish Cellular Industry Association, licensed operators and ComReg, on the feasibility of introducing a registration system for pre-paid 3G mobile services. The principal aim of any such approach would be to enhance the traceability of origin of inappropriate content transmitted to vulnerable users. Consideration of the legal and technical issues surrounding this proposal will continue in consultation with all interested parties, including the Department of Justice, Equality and Law Reform and the Data Protection Commissioner.
The Minister made a number of recent statements about concerns that have been raised in this House and in the media concerning the transmission of pornography on 3G telephones, particularly to children. Is the Minister now saying definitively that there will be a full registration system for all 3G handsets as the network gets under way later in the year? The Minister has had discussions with the Irish Cellular Industry Association and has launched an industry code of practice but is he saying definitively that we will have registration? Such registration is critically necessary, given the view expressed by the Minister some months ago concerning the general situation with mobile telephones.
What action does the Minister intend to take about video pornography or graphic spamming on mobile telephones? I understand that in other countries where 3G systems have begun, such material has been used intensively as a marketing tool. Given recent international meetings between apparently respectable mobile telephone companies and elements of the pornography industry, will the Minister act decisively in this area?
None of the mobile operators in Ireland offers adult content services and they have already stated clearly that it is not their intention to ever target particularly vulnerable people in this respect. The advent of 3G telephones which will come on the market towards the end of this year or more likely in the new year, will lead to much greater possibilities for the transmission of unwanted material across telecommunications technology. As we have seen with the Internet, it is an extremely difficult matter to police. We have been having discussions with all the various players about the issue of registration of 3G telephones and those discussions are ongoing. It is my preference, and my Department is of the view also, that there should be a registration system but I am open to other suggestions as to what can be done in this respect.
As I have already stated, if any further legislation is required I will bring it forward. All of this has yet to be finally decided upon but we are holding discussions about it with the Irish Cellular Industry Association, the licence operators and ComReg.
