The legality of prank calls

oceanclub

(Note: "prank" doesn't include prank calls to emergency services.)

I'm curious about whether or not making and recording calls for joke purposes are legal - say, ringing a politician or senator with a bizarre query. Common knowledge says that recording phone conversations is not legal without the consent of both parties - is that true in Irish law? If so, does that mean such prank calls are never possible - unless of course, one someone gets the permission of the pranked person - something I would consider highly unlikely?

P.

Hooch

oceanclub wrote: »

(Note: "prank" doesn't include prank calls to emergency services.)

I'm curious about whether or not making and recording calls for joke purposes are legal - say, ringing a politician or senator with a bizarre query. Common knowledge says that recording phone conversations is not legal without the consent of both parties - is that true in Irish law? If so, does that mean such prank calls are never possible - unless of course, one someone gets the permission of the pranked person - something I would consider highly unlikely?

P.

ALL emergency calls are recorded and maybe used in evidence.

Of course prank phone calls are illegal.

See here. THIS IS THE AMENDMENT TO THE 1908 Act

IRISH STATUTE BOOK wrote:

Post Office (Amendment) Act, 1951


13.—(1) If any person—
( a ) sends any message by telephone which is grossly offensive or of an indecent, obscene or menacing character;
( b ) sends any message by telephone which he knows to be false, for the purpose of causing annoyance, inconvenience, or needless anxiety to any other person; or
( c ) persistently makes telephone calls without reasonable cause and for any such purpose as aforesaid;
he shall be liable upon summary conviction to a fine not exceeding ten pounds, or to imprisonment for a term not exceeding one month; or to both such fine and imprisonment.
(2) A contravention of this section shall be deemed to be an offence under the Act of 1908.

JohnK

Does that apply to all calls or just to emergency services etc? By that I mean, whats the status of say radio stations that do these prank calls live on air to a random? Are they breaking the law?

oceanclub

nice guy always wrote: »

ALL emergency calls are recorded and maybe used in evidence.

Just to be clear I added a disclaimer to deliberately exclude emergency calls from my question.

To make myself clearer, an example; when the French DJ rang Sarah Palin pretending to be the French president; such a call would be illegal in Ireland?

P.

Hooch

oceanclub wrote: »

Just to be clear I added a disclaimer to deliberately exclude emergency calls from my question.

To make myself clearer, an example; when the French DJ rang Sarah Palin pretending to be the French president; such a call would be illegal in Ireland?

P.

If it falls into the above section then it is illegal.

The section does not make a difference between emergency calls and regular prank calls.

TJM

nice guy always wrote: »

Of course prank phone calls are illegal.

See here. THIS IS THE AMENDMENT TO THE 1908 Act

That section is no longer good law. The current provision is here:
http://www.irishstatutebook.ie/2007/en/act/pub/0022/sched1.html#sched1-part2

Hooch

TJM wrote: »

That section is no longer good law. The current provision is here:
http://www.irishstatutebook.ie/2007/en/act/pub/0022/sched1.html#sched1-part2

Good man, I knew there was a POA and was confused when the amendment I posted wasnt an arrestable offence.