Politicians can now be fined €5,000 for every unsolicited text, email or phone call they make to members of the public.
Pat Rabbitte, the minister for communications, signed new laws on Friday which end an exemption allowing TDs and political candidates to send electronic spam without fear of prosecution. Such messages have led to a number of complaints from the public, particularly during elections.
During the 2007 campaign, the Data Protection Commissioner (DPC) received 50 complaints about unsolicited contacts. More than 100 were received during last February’s general election.
Most complaints related to unsolicited text messages and emails, while there were a small number of complaints about unwanted phone calls. In January, four people complained to the DPC after receiving unsolicited emails from Micheál Martin following his election as leader of Fianna Fail.
The removal of the spam exemption for politicians was one consequence of Rabbitte signing a series of statutory instruments last Friday which enacted EU directives on telecommunications and privacy rights into Irish law. The ending of the politicians’ exemption was not debated in the Dail. The DPC said it will shortly be in contact with political parties to explain that only electronic contact with members of the public who have consented to be on text, email or phone lists is now permissible.
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Politicians can now be prosecuted in the District Court and fined up to €5,000 per unsolicited message if found guilty. They can be fined up to €250,000 if they are found guilty of an indictable charge of persistent offending.
Earlier this year Billy Hawkes, the data commissioner, issued a warning to political parties about obtaining email addresses and phone numbers from third parties for the purpose of sending out messages seeking support.
The DPC found election candidates had obtained lists of emails and phone numbers from sports clubs, schools and friends. Although no politician has been prosecuted, the DPC claims such action is a breach of data-protection laws. Political candidates can still send leaflets and letters to anyone on the register of electors.
The reforms also make it illegal for phone companies to cold-call mobile subscribers for marketing purposes. Before Friday, telecommunications companies were exempt from laws which forbid cold calling.