Nuisance calls and nasty messages: Could be life threatening

By Kurulu Kariyakarawana

Constable Silva is an experienced officer and a committed husband. But his family life almost came to an end when he realised that his wife was receiving lewd messages on her mobile phone claiming from a secret admirer.

...Yogaraja is a father of three and engaged in a peaceful trade in Trincomalee. His well-organised nature of handling business is disturbed with constant calls received from a total stranger that always threatened to kill him saying that he was an LTTE activist.

...And Shawn is a young executive who is trying to focus on his job amidst dozens of short messages and phone calls being received by his ex-girlfriend who would not let him be.

Authoritative body

These were just three examples amongst hundreds of complaints of nuisance calls and short messages being received by the Telecommunications Regulatory Commission of Sri Lanka (TRCSL) every month. TRCSL is the prime authoritative body that looks into telecommunication related complaints and issues in the country.

With the advancement of the telecommunication industry and the development of the personal communication methods, using of mobile phones has increased by a notable level compared to the past decade. A mobile phone considered a sophisticated luxury about two decades ago has now become a kiddies toy.

Likewise, it made the world a smaller place by enhancing billions of individuals to connect with their friends and loved ones in no time. The destruction it could cause on the same humankind is not little. Nuisance calls and unwelcome messages have become a common problem the world over. And it is not an easy task for the authorities to address this issue due to the magnitude of it.

Referring to this situation Deputy Director (Consumer Relations) of the TRCSL Menaka H Pathirana told the Sunday Observer that it was mainly due to people's lack of awareness of how to use a mobile phone.

Many believe that it is a toy that one could perform wonders with forgetting that it is an instrument that would help make our lives easier in communicating with others.

When somebody forgets the actual benefit of possessing a mobile phone, that person tends to do various 'unimportant' tasks with it, such as calling an unknown number and trying to harass somebody with an unwelcome conversation.

According to Pathirana the highest number of complaints received by the TRCSL at present is related to nuisance calls and indecent short messages.These complaints come in various forms. In Sri Lanka the majority of victims are females. According to the reports the most common complaints on nuisance calls and messages are about sexual advances or harassment. Calling somebody to make an indecent proposal, such dialogue, verbally harassing somebody and interfering with somebody's personal life are the most common type of complaints receive by the authorities.

Stranger

As mentioned earlier, an unknown person started sending indecent proposals to the police officer's wife, eventually creating suspicion and disharmony in the family and with her husband.

A stranger who used to text the woman in the dead of night had proposed to sleep with her and asked to begin a sexual relationship.

The caller had suggested her to hang a red dress on the clothes line the following day to signal her willingness. However with correct instructions given by the TRCSL the problem had been sorted out by the particular couple without jumping into rash decisions.

There are also different instances such as threatening and abusing someone over a personal grudge or an unsettled dispute. Threatening people with death or assault or scaring them with intended harm is similar to this.

The second instance where the Tamil businessman was constantly threatened by an unknown man falls to this category. Some people constantly call others with the sole intention of harassing them. According to the Deputy Director the other main reason is the unawareness of the law. It is legally punishable to cause annoyance by telephone calls and making obscene or indecent or seditious message under Sri Lanka Telecommunication Act No. 25 of 1991.

Imprisonment

Under the section 58, "Every person who by himself or by his agent or servant tenders for transmission at any telecommunication office any message of an indecent, obscene, seditious, threatening, or grossly offensive, character, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand rupees or to imprisonment of either description for a term not exceeding six months, or to both such fine and such imprisonment". Penalty for causing annoyance by telephone calls is mentioned under the section 59 (1) as, "Every person who persistently makes telephone calls without reasonable excuse for the purpose of causing annoyance or inconvenience to any telecommunication officer or person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand rupees, and, in default of payment of such fine, to imprisonment of either description for a term not exceeding three months".

In most cases it was clear that the offenders had no clue about the law and penalty for making nuisance calls or messages until being warned either by the law enforcement authorities such as the police or the mobile phone service providers.

The TRCSL has listed a series of actions to be followed if somebody receives a nuisance call or such message.

Supposing if somebody received a nuisance call or a text message and if that recurs persistently that person can lodge a complaint with the nearest police station. He can then inform his service provider about the calls or texts. Once this is done the mobile service provider will contact the caller and warn him or her for the unlawful activity and will explain about the legal background.

Most offenders will cease to continue their illegal activities once a warning is given. However in some rare instances the offenders would not listen to the service providers. Then the case will be transferred to the TRCSL and will result in disconnection of the telephone line. In the meantime the police will act on the complaint they received and summon the offender to the courts. When the case is heard the mobile companies would produce technical evidence sheets that include the caller's number and the receiver's number and all the timings and durations of the calls made.

Since it is the prime responsibility of a phone owner to have total control over his mobile phone, the owner cannot escape from the allegations that it was not him who is responsible for the offensive calls or messages. Deputy Director Pathirana said "telecommunications network is open for us to freely communicate with others and to enjoy the facilities associated with the same. However we know that many among us do certain types of unethical activities which are punishable under the law.

Due to lack of awareness of prevailing law some tend to annoy others by sending unwanted calls and messages. This service should never be used to tease or to annoy anyone".