Written answers

Wednesday, 16 November 2005

Department of Communications, Energy and Natural Resources

Telecommunications Services

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 248: To ask the Minister for Communications, Marine and Natural Resources if he or his Department directly or through the regulator have received any reports of bullying, intimidation or stalking through the Internet or mobile telephone systems by voice or message; and if he will make a statement on the matter. [34652/05]

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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As Minister for Communications I have overall responsibility for electronic communications policy but neither I nor the Commission for Communications Regulation, ComReg, the independent regulator, have any responsibility for the actions of persons who use electronic communications networks or services for bullying, stalking or intimidation activities.

By definition, legislation is already in place to prosecute illegal activities, whether they are perpetrated using mobile telephones or other media. The Deputy is aware that 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 actually predates the advent of electronic technology. Legislating to combat these offences does not always fall under my remit, nor in these instances are they the responsibility of ComReg.

The Deputy is also aware that 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 by use of a 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 which will encourage responsible and secure use of mobile telephones by their children. A copy of the guide, which addresses the subject of bullying and malicious communications, is available on the ICIA website at www.icia.ie. Anyone who has information on these matters should bring it immediately to the attention of the Garda Síochána for criminal investigation.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 249: To ask the Minister for Communications, Marine and Natural Resources if local loop unbundling or other requirements to facilitate broadband or other telecommunications provision or expansion has been completed to date in 2005; and if he will make a statement on the matter. [34654/05]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 250: To ask the Minister for Communications, Marine and Natural Resources if achievements to date in 2005 in respect of local loop unbundling are adequate to facilitate the development of the communications industry with particular reference to ready availability to the consumer; and if he will make a statement on the matter. [34655/05]

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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I propose to take Questions Nos. 249 and 250 together.

I refer the Deputy to my reply to Questions Nos. 103, 135 and 175 answered on 16 November 2005.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 251: To ask the Minister for Communications, Marine and Natural Resources if he has received any indications of DSL failure rate here; and if he will make a statement on the matter. [34656/05]

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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I refer the Deputy to my reply to Question No. 130 answered on 16 November 2005.

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