The two cases involved web site content promoted by two
different service providers, Spanish-based Greenock and
German-based Premium Call GmbH.
The web sites' promotional material repeatedly referred to
sexual acts involving children, while the dialler software used to
access the sites at premium rate charges of £1.50 per minute
downloaded automatically without users' knowledge. ICSTIS said it
appeared to be deliberately designed to mislead users into running
up huge phone bills.
ICSTIS imposed a fine of £75,000 on Greenock and a fine of
£50,000 on Premium Call GmbH, while access to both services was
barred for two years. Both companies were also instructed to offer
redress to those who complained to ICSTIS.
Under the E-Commerce Directive, ICSTIS is authorised, in cases
of "emergency" involving matters of public policy such as the
protection of minors and consumers, to take direct action against
service providers based in other EU Member States.
In both cases, ICSTIS' direct action was notified to the
European Commission and the UK Department of Trade and Industry, as
required by the Directive. Both cases were also reported to the
National Hi-Tech Crime Unit.
ICSTIS chairman Sir Peter North said: "The sanctions imposed...
serve as a warning to others that we will not hesitate to take
decisive action to protect UK consumers from such abuse."
