Gerard Murphy (Cork North West, Fine Gael)
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Question 34: To ask the Minister for Communications, Marine and Natural Resources the extent to which he has examined the courses open to the regulator with a view to issuing directives to combat the use of spam and texting of an offensive nature; and if he will make a statement on the matter. [19995/05]

Dinny McGinley (Donegal South West, Fine Gael)
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Question 46: To ask the Minister for Communications, Marine and Natural Resources if he intends to issue any directives to the regulator with a view to combating spam or unsolicited, unwarranted or offensive messages through the Internet or mobile phone service; and if he will make a statement on the matter. [19997/05]

Simon Coveney (Cork South Central, Fine Gael)
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Question 79: To ask the Minister for Communications, Marine and Natural Resources the extent to which he proposes to combat the use of the Internet or mobile phones for spam or abusive messaging; and if he will make a statement on the matter. [19996/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 178: To ask the Minister for Communications, Marine and Natural Resources the extent to which he has examined the courses open to the regulator with a view to issuing directives to combat the use of spam and texting of an offensive nature; and if he will make a statement on the matter. [20305/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 179: To ask the Minister for Communications, Marine and Natural Resources the extent to which he proposes to combat use of the Internet or mobile phones for spam or abusive messaging; and if he will make a statement on the matter. [20306/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 180: To ask the Minister for Communications, Marine and Natural Resources if he intends to issue any directive to the regulator with a view to combating spam or unsolicited, unwarranted or offensive messages through the Internet or mobile phone service; and if he will make a statement on the matter. [20307/05]

Noel Dempsey (Meath, Fianna Fail)
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I propose to take Questions Nos. 34, 46, 79, 178 to 180, inclusive, together.

My responsibility in relation to the matters raised extends to the development of policy and legislation in relation to the sending of unsolicited e-mails and faxes for direct marketing purposes. The responsibility for the enforcement of this legislation dealing with unsolicited communications for direct marketing purposes rests with the Office of the Data Protection Commissioner which is an independent body under the aegis of the Department of Justice, Equality and Law Reform.

The responsibility for laws to tackle offensive messages sent by e-mail, phone or fax rests with my colleague, the Minister for Justice, Equality and Law Reform, and the Garda Síochána.

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 that 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 any means including by use of a telephone.

Anyone who has information in relation to these matters should bring it immediately to the attention of the Garda Síochána.