Culture Media and Sport written question – answered at on 26 November 2012.
To ask the Secretary of State for Culture, Olympics, Media and Sport
(1) what the largest fine imposed on a company for making nuisance calls is;
(2) how many companies have been prosecuted for making nuisance calls in each of the last 30 years; and what sector each such company belonged to.
I have been asked to reply on behalf of the Ministry of Justice.
A breach of the Privacy and Electronic Communications Regulations 2003 (which regulate cold calling either to telephone or by text message) is not a criminal offence, hence there have been no prosecutions and consequently no fines issued at criminal courts for making such calls.
The Information Commissioner has the power to issue enforcement notices requiring companies that cease making them and, since the Regulations came into force on
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Annotations
David Hickson - fair telecoms campaign
Posted on 5 Mar 2013 3:56 pm (Report this annotation)
Financial penalties may be imposed by Ofcom and the ICO against those making nuisance calls. The MoJ appears to be unaware of this.
Ofcom prefers not to use its power to impose Enforcement Notifications, to create an enforceable prohibition of the practice of making nuisance calls (under section 129 of the Communications Act 2003). It has however imposed financial penalties on those found to be breaching its tolerated percentage of Silent Calls during particular isolated periods of time.
In cases where the powers held by Ofcom are insufficient to prevent breaches of Enforcement Notifications, it has always been able to seek an injunction, so that the powers of the criminal courts may be brought to bear. As stated above, no such case has ever arisen because Ofcom does not use its powers to prohibit the making of nuisance calls. It has twice sought and gained an increase of the limits on its own powers to impose penalties, without ever using the proper cause of action available to it.
More information on this issue is found in the briefings issued before and after the recent Westminster Hall debate - see http://www.fairtelecoms.org.uk/1/post/2013/03/debate-on-nuis....