Spam Offenders May Face Prison Warns Minister

€3,000 Fines per Message Under New Regulations

Dublin, Wednesday, 26^th November, 2003

Dermot Ahern TD, Minister for Communications, Marine and Natural Resources, today stated that any businessperson or individual found responsible for creating “Spam” or unsolicited e mails and text messages could face a prison term in the future. They currently face fines of €3,000 per message.

The Minister said today he was considering strengthening the penalties by making those responsible subject to an indictable offence which could lead to a prison term on conviction. 

The Minister’s tough policies were outlined in the Seanad today when the effect of the Government’s adoption of the EU (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 were outlined.

The Seanad was told that the new regulations introduce restrictions on direct marketing making use of communications networks. Restrictions on unsolicited  direct marketing by telephone, fax, automated calling systems, email, SMS and MMS are provided for. The Regulations also introduce a “ban on Spam” originating in the EU. Spam (unsolicited e-mail marketing) sent to individuals, with a limited exception (covering existing customer relationships) is only allowed with prior consent.  

This “opt-in” regime equally covers SMS messages and other electronic messages sent to any mobile and fixed terminal. Some protections against unsolicited commercial e-mails to businesses are also provided.

The Minister said that many administrations worldwide do not have legislation regulating Spam. “There are encouraging signs that coordinated action will be achievable. This week the US Senate approved a Bill to outlaw most Spam. Australia and South Korea have also recently reached agreement on measures to combat Spam.” 

“I do believe that Ireland’s forthcoming Presidency of the EU offers an excellent opportunity to further progress international co-operation and effective enforcement. I believe that active participation is necessary in forums such as the OECD, where work on Spam has started.”

The Spam issue will be raised at World Summit on the Information Society in Geneva next month, which Minister Ahern will attend. 

ENDS