House of Commons Hansard Written Answers for 20 Feb 2007 (pt 0004)
Text Messages
Mr. Burstow: To ask the Secretary of State for Culture, Media and Sport what representations she has received on the use of unsolicited mobile telephone text messages for which people are charged; and if she will make a statement. [114648]
Margaret Hodge: I have been asked to reply.
The Department for Culture, Media and Sport has received no representations relating to unsolicited mobile telephone text messages. However, the Department of Trade and Industry does receive occasional written correspondence on this issue. It is the Government's aim to have controls that safeguard the consumer but do not hamper the development of the telecommunications market.
Unsolicited text (SMS) messages are illegal under statutory controls that were introduced as part of the Privacy and Electronic Communications (EC Directive) Regulations 2003. Enforcement is undertaken by the Information Commissioner whose office is a wholly independent body, answerable to Parliament directly rather than to Ministers. The Office will investigate complaints and take formal action against those who have wilfully or negligently continued to breach the Regulations.
Industry safeguards require that consumers must be clearly informed by text about what they have subscribed to, the cost, and how to stop the service (a consumer must be able to switch off the service with the universal ‘stop' command). All the UK mobile operators have signed up to these safeguards and require content providers using their networks to comply with them. If they do not comply, then the networks will suspend the provider's service for breaching the safeguards thereby blocking the service.
The body that governs premium rate services isthe Independent Committee for the Supervisionof Standards of Telephone Information Services (ICSTIS). ICSTIS can investigate and fine companies, barring access to services where there is found to be a breach of the regulations. ICSTIS can be contacted at ICSTIS, Freepost WC 5468, London SE1 2BR
www.icstis.org.uk. Telephone: 0800 500 212 (free call; Office hours).