Paul McGrath (Westmeath, Fine Gael)
Link to this: Individually | In context

Question 440: To ask the Minister for Communications, Marine and Natural Resources if, in view of the incidence of malicious anonymous text messages on mobile phones that can be sent from ready to go mobile phones which appear to be unregistered and untraceable and the emotional damage that can be caused by such communications, he will initiate a scheme whereby all mobile phones purchased must be registered to a national database. [35269/06]

Noel Dempsey (Meath, Fianna Fail)
Link to this: Individually | In context

Legislation exists to tackle the issue to which the Deputy 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;

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; and

The sending of child pornographic images via phone is covered by the Child Trafficking and Pornography Act, 1998, and this Act provides for an offence carrying a maximum penalty of 14 years for anyone to knowingly produce, distribute, print, publish, import, export, sell, or show child pornography. Mere possession of child pornography can attract a penalty of five years imprisonment.

Anyone who has information in relation to these matters should bring it immediately to the attention of the Garda Síochána for criminal investigation.

The idea for a Register of mobile phones was extensively reviewed by my officials. There were many complex legal, technical, data protection and practical issues to be considered. In theory, a Register of mobile phones might seem like a good idea. However, having looked at the situation in other administrations, considered the ease with which an unregistered foreign or stolen SIM card can be used and the difficulties that would be posed in verifying identity in the absence of a national identification card system, and having consulted with the Office of the Attorney General and other interested parties, it was concluded that the proposal would be of limited benefit in that it would not solve the illegal and inappropriate use of pre-paid mobile phones and was not practical.

As Minister I continue to support the mobile industry in their work on the safe and responsible use of mobile phones. The Irish Cellular Industry Association (ICIA), has taken many steps in this regard, including the promotion of public awareness, exploring the benefits of content filtering software, the launch of a Parents Guide and a Code of Practice, which represents the minimum set of standards to which they will adhere for the responsible and secure use of mobile phones.