Bernard Durkan (Kildare North, Fine Gael)
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Question 280: To ask the Minister for Communications, Marine and Natural Resources the action he will take to combat the use of mobile telephones for bullying or intimidation, particularly where young persons are concerned; and if he will make a statement on the matter. [28155/05]

Noel Dempsey (Meath, Fianna Fail)
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As Minister for Communications, Marine and Natural Resources, I have overall responsibility for electronic communications policy but I have no responsibility for the actions of persons conducting bullying or intimation activities over electronic communications networks.

By definition, legislation is already in place to prosecute "illegal activities" whether they are perpetrated using mobile telephones or other media. The possibilities for carrying out illegal activity via any medium are infinite. Much of the criminal activity perpetrated using electronic communications networks is legislated for according to the offence and not the medium by which it was committed. Some such legislation predates the advent of electronic technology. Legislating to combat these offences does not always fall within my remit, nor in these instances are they the responsibility of 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 telephone 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 any means including telephone.

Furthermore, the Irish Cellular Industry Association, ICIA, has published a parent's guide to mobile telephones which aims to inform parents of some key safety tips that will encourage responsible and secure use of mobile telephones by their children. The guide addresses the subject of bullying and malicious communications. A copy is available on the ICIA website at www.icia.ie. Anyone with information on these matters should bring it immediately to the attention of the Garda Síochána for criminal investigation.