THE HIGH Court has reserved judgment on an action by a company to prevent its prosecution by the Data Protection Commissioner over the alleged sending of unsolicited text messages as direct marketing for commercial purposes.
The two-day hearing of the action by Realm Communications against the commissioner concluded yesterday after closing submissions by Cian Ferriter for Realm and Paul Sreenan SC for the commissioner.
Mr Justice Patrick McCarthy said it was unlikely he would deliver judgment before the end of this law term on July 31st.
Realm, Castle Drive, City West Business Park, Dublin, is facing prosecution on some 60 summonses arising from complaints against it by 14 people concerning unsolicited texts.
Fines of up to €3,000 for each message can be imposed in the event of conviction.
The main ground of its challenge is that the commissioner was obliged but failed to seek an amicable resolution between Realm and the complainants before proceeding to prosecution.
The commissioner rejects that argument and contends that the sending of unsolicited messages is a self-standing criminal offence subject to prosecution. He claims there is no requirement to seek an amicable resolution before proceeding to prosecution.
Sixteen criminal prosecutions over the sending of unsolicited texts have been adjourned pending the outcome of the proceedings and about 200 other applications are also affected.
Realm has secured an interim High Court injunction restraining its prosecution by the commissioner before Dublin District Court pending the outcome of the action.