§ 48B — Prohibition on use of dictionary attacks and address‑harvesting software

48B.—(1) Subject to subsections (2) and (3), a person must not send, cause to be sent or authorise the sending of an applicable message.[40/2020]

(2) Subsection (1) does not apply to an employee (P) who sends, causes to be sent or authorises the sending of an applicable message in good faith —(a)

in the course of P’s employment; or

(b)

in accordance with instructions given to P by or on behalf of P’s employer in the course of P’s employment.[40/2020]

(3) However, subsection (2) does not apply to a person (P) who, at the time the applicable message was sent, was an officer or a partner of the sender and it is proved that —(a)

P knew or ought reasonably to have known that the telephone number is an applicable telephone number; and

(b)

the applicable message was sent with P’s consent or connivance, or the sending of the applicable message was attributable to any neglect on P’s part.[40/2020]

(4) In this section —“corporation” has the meaning given by section 52(7);

“officer” —(a)

in relation to a corporation, has the meaning given by section 52(7); or

(b)

in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7);

“partner”, in relation to a partnership, has the meaning given by section 52A(7).[40/2020]

—(1) Subject to subsections (2) and (3), a person must not send, cause to be sent or authorise the sending of an applicable message.[40/2020]

(2) Subsection (1) does not apply to an employee (P) who sends, causes to be sent or authorises the sending of an applicable message in good faith —(a)

in the course of P’s employment; or

(b)

in accordance with instructions given to P by or on behalf of P’s employer in the course of P’s employment.[40/2020]

(3) However, subsection (2) does not apply to a person (P) who, at the time the applicable message was sent, was an officer or a partner of the sender and it is proved that —(a)

P knew or ought reasonably to have known that the telephone number is an applicable telephone number; and

(b)

the applicable message was sent with P’s consent or connivance, or the sending of the applicable message was attributable to any neglect on P’s part.[40/2020]

(4) In this section —“corporation” has the meaning given by section 52(7);

“officer” —(a)

in relation to a corporation, has the meaning given by section 52(7); or

(b)

in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7);

“partner”, in relation to a partnership, has the meaning given by section 52A(7).[40/2020]