Bernard Durkan (Kildare North, Fine Gael)
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Question 265: To ask the Minister for Communications, Marine and Natural Resources the steps he has taken to combat spam on the Internet at national or international level; and if he will make a statement on the matter. [28138/05]

Noel Dempsey (Meath, Fianna Fail)
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My responsibility regarding the matters raised extends to the development of policy and legislation regarding the sending of unsolicited emails 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, telephone 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 telephone 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 regarding such matters should bring it to the attention of the Garda Síochána immediately.