A company director who is seeking to stop publication of the telephone numbers of phone sex chat lines in the Eircom phone book could have brought a criminal prosecution, Eircom complained at the High Court yesterday.
Mr Peter Charleton SC, for Eircom, said a member of the public had a right to ensure that the criminal law was enforced. Sending an indecent message over the phone was a criminal offence. Why hadn't a prosecution been taken in the District Court, counsel asked?
Mr Charleton was opposing an application by Mr Patrick O'Connor, of Castlewarden, Straffan, Co Kildare; his partner, Ms Anne Ryan; and her two children, Terri and Eoin Ryan, who are suing Eircom plc; Golden Pages Ltd, the Censorship of Publications Board; Ireland and the Attorney General.
Eircom says the disputed numbers were published in the phone directory for the last three years. The company said delivery of the phone book normally starts in July. It was extraordinary that an application of the kind before the court was being made now.
Mr Charleton said it had taken Mr O'Connor three years to discover that the pages were in the phone book. Now the court was being asked for an injunction at the "last minute". Replying on behalf of the plaintiffs, Mr Peter Finlay SC, asked if it was being suggested that his side was obliged to bring a private prosecution as a common informant under the Indecent Advertisements Act 1889 and, if he failed to do so, he could not invoke the Constitution.
The hearing, before Mr Justice Kearns, continues on Tuesday.