Paul Kehoe (Wexford, Fine Gael)
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Question 14: To ask the Minister for Communications, Marine and Natural Resources his proposals to encourage the development of technology to combat mobile phone bullying or the transmission otherwise of pornographic images or material; and if he will make a statement on the matter. [13833/06]

Paul Kehoe (Wexford, Fine Gael)
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Question 31: To ask the Minister for Communications, Marine and Natural Resources if he intends to introduce legislative or technical proposals to combat bullying or pornography through the use of texting messaging on mobile phones; and if he will make a statement on the matter. [13832/06]

John Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 14 and 31 together.

The Minister for Communications, Marine and Natural Resources has overall responsibility for electronic communications policy but has no responsibility for the actions of persons conducting bullying or intimidation activities over electronic communications networks or the transmission of pornographic images. Neither does the Minister have responsibility for the development of technology, which is primarily a matter for the mobile phone operators.

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 legislation actually predates the advent of electronic technology and legislating to combat these offences does not always fall under this Department's remit.

The Deputy should be aware, however, that legislation already exists to tackle the issues to which he refers. 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 which is grossly offensive or of an indecent, obscene or menacing character; and 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 for criminal investigation.

In so far as issues relating to children are concerned, as previously stated, legislation is already in place but the role of parents in decisions concerning the purchase and use of mobile phones by their children cannot be emphasised enough. They should ensure that their children use them appropriately. This is ultimately the best way of safeguarding them from the perils of abuse of such technology. In addition, the Deputy may be aware that the Irish Cellular Industry Association, ICIA, an alliance of the mobile operators — Vodafone, O2 and Meteor Mobile Communications and the mobile handset manufacturers Nokia and Siemens — has taken many steps to promote the safe and responsible use of mobile phones.

The Deputy may be interested in the ICIA's publication entitled A Parent's Guide to Mobile Phones, which aims to inform parents of some key safety tips that will encourage responsible and secure use of mobile phones by their children. The guide seeks to educate parents and guardians in the ways in which they can gain greater visibility of their child's mobile usage and the services they access, for example, the facility provided by operators, which allows authorised access for parents to a child's account. The guide also addresses the subject of bullying and malicious communications. A copy of the guide is available on the ICIA website at www.icia.ie.