Oftel moves against nuisance callers

The communications watchdog Oftel has today confirmed new measures to protect consumers from the misuse of electronic communications networks or services that can result in nuisance calls.

The statement issued today outlines the powers, which can now be used by Oftel to protect consumers from persistent misuse.

Under the Communications Act, Oftel may now take action against any persons who misuse networks or services in a way that causes "annoyance, inconvenience or anxiety", but falls short of being a criminal offence or breaking data protection legislation.

Individuals or companies who persistently misuse networks or services could risk fines of up to £5,000 and be required to pay compensation.

The types of activities that Oftel will regard as misuse include: misuse of automatic calling equipment; misuse by making short duration or silent calls; misuse of allocated telephone numbers; and misuse of calling line identification facilities.

David Edmonds, Director General of Telecommunications, said: "These new powers enable Oftel to take action against activities that can irritate or upset consumers but fall short of criminal behaviour.

"This is the first time the regulator will be able to take action against people who make these calls. We hope that these powers will act as a deterrent to individuals or companies who make nuisance calls."

The powers will not normally be used where there is an alternative legal remedy, for example data protection legislation or criminal sanctions. People receiving malicious or nuisance calls should, in the first instance, contact their telephone operator.

(gmcg)