Dáil Éireann Debate, Tuesday - 24 February 2004
102 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he will consider the introduction of regulations providing for the registration of pre-paid mobile phones in order to allow phones used for criminal, obscene or illegal purposes to be traced; and if he will make a statement on the matter. [5966/04]
Amharc ar fhreagra104 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources if he plans to take measures to tackle the sending of pornographic images via text messages between mobile phone, in order to protect children from receiving and being exposed to such images. [6057/04]
Amharc ar fhreagraI propose to take Questions Nos. 102 and 104 together.
As the father of young teenagers, I fully empathise and understand the Deputies' concerns over the recent media reports of pornographic images being sent via mobile phones. However, legislation already exists to tackle the problem. 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 mobile phone. I appeal to anyone with information on these matters to bring it to the attention of the Garda Síochána for criminal investigation.
The registration of prepaid mobile phones is a complex issue. The design of any pre-registration scheme would be problematic in terms of capturing and keeping up to date the required information because of theft, the cost of maintenance, issues concerning data protection and privacy and ensuring the accuracy of the information supplied. The introduction of a compulsory scheme retrospectively would be difficult given the already high level of mobile phone penetration in this country, which is in the region of three million mobile phones. Of these, in the region of two million, or 70%, are prepaid. The ongoing monitoring and maintenance of any mobile phone register so that the information concerned could be used for a criminal investigation would be difficult. Approximately 80% of prepaid customers' details are registered.
My colleague, the Minister for Justice, Equality and Law Reform is responsible for policy in regard to the protection of children from the transmission of pornographic images by phones and other media. While, legislation is in place, I cannot emphasise enough the role of parents in decisions concerning both the purchase and use of mobile phones by their children. They should ensure they are used appropriately, which is ultimately the best way to safeguard their children from the perils of abuse of such technology.
The aspect of the Minister's answer that jumps out at one is the fact that 80% of prepaid phones are registered. I thought it was a much lower figure. I am aware that companies encourage people to register by giving them credit and so on. If this is the case, the rest of the argument outlined by the Minister is nonsense. He should ensure everyone is registered.
I commend the Minister on making the protection of minors a priority during the EU Presidency. However, he has dramatically failed the young people and children of Ireland in the context of the massive explosion in prepaid phone ownership in recent years, especially among children. As his colleague, the Minister for Justice, Equality and Law Reform, said, given the introduction of 3G technology, it is now possible to have the Internet in one's pocket. Given the recent disturbing cases highlighted by the media of pornographic imagery being sent to children, is the Minister's attitude not too lackadaisical? Should he not introduce legislation, or whatever is necessary, to tackle this issue? I know the Minister for Justice, Equality and Law Reform has a role to play. The chief executive of Meteor said recently that updated legislation is necessary. Therefore, the Minister has a responsibility in this area.
Will he encourage mobile phone companies to introduce some sort of filtering technology which would enable imagery to be controlled, especially for children accessing the Internet from their mobile phones? Is he happy with the performance of mobile phone companies, especially Vodafone and O2? ComReg recently said these companies have significant market power in this country. In other words, they are a duopoly. They make massive profits from our children and the 70% of customers who have prepaid phones. It is disturbing that companies sometimes use pornographic elements to try to hype their products, as happened in Britain and Japan when companies such as Hutchinson made a deal with Playboy. The Minister must act quickly to introduce whatever legislation is necessary given that just 20% of prepaid customers are involved. People are crying out for this legislation.
Each Deputy has a role to play in this regard. Deputy Broughan criticised the companies involved. They wish to sell phones. The Irish Cellular Industry Association meets to discuss all these issues. It is examining the new technology which may be available to filter many of the pornographic images that could be sent over camera phones in particular.
People may not be aware that parents can request operators to allow dual access to a child's mobile phone account. They can then monitor who their child is contacting or being contacted by. They can also request that all calls to and from the child's phone are blocked except for a list which they approve for their child. This was as a result of initiatives taken by the ICIA which will conduct an advertising campaign to advertise these services widely soon. This has come about because of the recent controversy.
On legislation, while I do not want to be political, I refer to what Deputy Rabbitte said on 22 October 2002 during the debate on the Data Protection Bill. He decried the practice whereby phone companies, etc. are being forced to hold on to the detailed private information to be made available to the men in trench coats who have a penchant for talking up their sleeves. Unfortunately, Deputy Broughan is not rowing in the same direction as his party leader.
It is unfortunate that the Minister is going down the usual political avenue. It is unacceptable for us as legislators to allow a legal loophole to exist which will allow instances such as we saw last week involving a schoolgirl in Cork who was sent pornographic images by phone by a 49 year old man. The Minister said legislation is in place to deal with this issue. Section 13 of the Post Office (Amendment) Act 1951 states that it is an offence to send a message that is grossly offensive, obscene or of a menacing character by means of telecommunications system operated by Bord Telecom Éireann.
Has the Deputy a question? The time is short.
It was amended in 1983.
Is a privately owned and monitored device covered?
It is.
Does this mean no legislation is required to convict people like the 49 year old man?
That is my advice.
That is not the impression we get from the Garda which is investigating the case. Is the Minister taking no legislative action to reduce the instances of pornographic images being sent by mobile phone?
The primary responsibility for dealing with criminal offences in this regard lies with the Minister for Justice, Equality and Law Reform. He is reviewing the situation in light of recent events. The advice is that the legislation is in place to deal with the issue.
I understand the role of the Minister for Justice, Equality and Law Reform in all this. The Minister for Communications, Marine and Natural Resources, Deputy Dermot Ahern, has primary responsibility for how markets develop in this area. We should have foreseen these issues. The 3G technology will prove even more problematic in this regard. Is the Minister, Deputy Ahern, therefore prepared to ask the three mobile phone companies to ensure the global code of practice, which they speak about internationally, is put in place? Given what Meteor said and the 20% of customers involved, will he reconsider the need for legislation to deal with the issue?
Is the Minister aware that a considerable industry in this area has developed in Japan because legislators have not responded in the required way? Is it possible for operators to screen such images before they are forwarded to the phones of minors? Does the Minister plan to pursue that avenue with the operators involved?
There is constant contact with the operators in respect of this and other issues. The ICIA is developing a code of practice which will be designed to aid the responsible use of all mobile phones. It is part of the advertising campaign it will conduct.
While we might criticise the operators for other reasons, none of the mobile operators in this country offers adult content services, unlike other countries such as Germany, Italy and Holland or Japan, as instanced. We have a good relationship with the mobile operators and they understand this.
The mobile operators in this country are examining with their sister companies abroad, especially in the UK, the technology that may be available because this is a worldwide issue. While I appreciate that Deputies will always claim that we need more legislation in this area, the legislation is in place. I emphasise and appeal to parents to be aware that they have ultimate responsibility for their children in this regard. It is the decision of parents whether their children have or use a mobile phone. While they are of benefit, they can be a dangerous implement in their hands.
