Bernard Durkan (Kildare North, Fine Gael)
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Question 300: To ask the Minister for Communications, Marine and Natural Resources if he has taken steps to combat spam on the Internet at national or international level; and if he will make a statement on the matter. [34712/05]

Noel Dempsey (Meath, Fianna Fail)
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My responsibility in regard to the matters raised extends to the development of policy and legislation on the sending of unsolicited e-mails and faxes for direct marketing purposes. Due to concerns raised by member states in regard to the sending of unsolicited e-mails for direct marketing purposes, mobile telephones and other electronic communications media, the EU introduced Directive 2002/58/EC, directive on privacy and electronic communications. This directive was transposed into national law in November 2003 via the Data Protection and Privacy Regulations 2003, SI 535 of 2003. The regulations place restrictions on the sending of unsolicited e-mails for direct marketing purposes via the Internet, mobile telephones and other electronic communications media.

The responsibility for the enforcement of the aforementioned regulations 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. Furthermore, it is 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 with information in regard to these matters should bring it immediately to the attention of the Garda Síochána.