(1) An unsolicited commercial communication by a relevant service provider established within the State shall be identified clearly and unambiguously as such as soon as it is received by the recipient by stating that it is an unsolicited commercial communication.
(2) A person who fails to comply with paragraph (1) shall be guilty of an offence.
(3) An offence under this Regulation may be prosecuted by the Data Protection Commissioner.
(4) Where a person is convicted of an offence under this Regulation, the court may order any data material which appears to the court to be connected with the offence to be forfeited or destroyed and any relevant data to be erased.
(5) The court shall not make an order under paragraph (4) in relation to data material or data where it considers that some person other than the person convicted of the offence concerned may be the owner of, or otherwise interested in, the data unless such steps as are reasonably practicable have been taken for notifying that
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