Dáil Éireann Debate, Tuesday - 30 November 2004
265 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he intends to give any direction to COMREG with a view to combating the use of mobile telephones in child pornography; and if he will make a statement on the matter. [31498/04]
View answerLegislation is already in place to prosecute the issue of nuisance and criminal calls and the sending of pornographic images by mobile phone. Such offences are not the responsibility of the Commission for Communications Regulation, ComReg. It is an offence under 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 on these matters should bring it immediately to the attention of the Garda for criminal investigation.
266 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he can unilaterally or in conjunction with his EU colleagues introduce new measures to combat child pornography through the mobile telephone networks; and if he will make a statement on the matter. [31499/04]
View answer267 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the alleged increased use of mobile telephone systems for child pornography; if his attention has further been drawn to the potential damage to society to such abuse; the action or actions he can take to counter the problem; and if he will make a statement on the matter. [31501/04]
View answerI propose to take Questions Nos. 266 and 267 together.
Legislation is already in place to prosecute the issue of nuisance and criminal calls, and the sending of pornographic images by mobile phones.
For some time officials in my Department have been exploring with both the industry and the Commission for Communications Regulation, ComReg, the matter of a register for the use of all new 2 and 3G prepaid mobile phones. The principal aim of any such register would be to enable effective tracing of perpetrators of criminal activities who use mobile phones for criminal purposes.
The registration of the use of prepaid mobile phones is a complex issue and the exact nature of such a register must be given careful thought. The legal, technical and practical issues surrounding this proposal require further consideration in consultation with interested parties, including the Department of Justice, Equality and Law Reform and ComReg.
My colleague, the Minister for Justice, Equality and Law Reform, is responsible for policy in relation to the protection of children from the transmission of pornographic images by telephones and other media.
