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Should non-payment of a mobile phone bill be a criminal offence?

It used to be known as abstraction of electricity on a landline telephone network but it might be better referred to as abstraction of EM waves or photons, depending on how you view the wave particle duality, on a mobile network.


A friend racked up a mobile phone bill of nearly £2000 as a result of exceeding his data allowance whilst abroad back in 2017. He changed his network provider then cancelled the direct debit resulting in this bill going unpaid to today. It's not actually illegal to do this as all the old network provider can do is demand the payment, as a civil matter, and ruin his credit rating. He claims that unlike an unpaid gas or electricity bill, an unpaid phone bill has not consumed any of the earth's precious natural resources apart from a bit of electricity that cost only a tiny fraction of the value of the bill.


A local bobby disagrees and says that theft is theft regardless of whether it's a tangible object or a non-tangible service, so the criminal should be brought to justice and jailed.


Does the IET have a position regarding the legal status of unpaid phone bills and whether or not refusal to pay should be a criminal offence?
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  • Andy Millar:

    I suspect a modern law (criminal or case law) would be more specifically about defrauding the provider.




    The problem with this is that fraud is generally regarded as a more severe offence than theft. Therefore refusing to pay a £2000 phone bill could perversely end up as a more severe offence than stealing the tranceiver unit from a base station worth ten times as much  - plus all the inconvenience to users in the area.


    I can vaguely remember reading something about a person who installed a 'black box' in their landline phone back in the era of Strowger telephone exchanges that resulted in callers having free calls (although outgoing calls were still charged unless the phone at the other end was also fitted with a 'black box') and how Post Office Telephones was considering charging him with fraud as it was impossible to charge him or the callers (who should have paid the bill but didn't) with theft. Because calls were not logged it was impossible to determine the amount of lost revenue.



     

Reply

  • Andy Millar:

    I suspect a modern law (criminal or case law) would be more specifically about defrauding the provider.




    The problem with this is that fraud is generally regarded as a more severe offence than theft. Therefore refusing to pay a £2000 phone bill could perversely end up as a more severe offence than stealing the tranceiver unit from a base station worth ten times as much  - plus all the inconvenience to users in the area.


    I can vaguely remember reading something about a person who installed a 'black box' in their landline phone back in the era of Strowger telephone exchanges that resulted in callers having free calls (although outgoing calls were still charged unless the phone at the other end was also fitted with a 'black box') and how Post Office Telephones was considering charging him with fraud as it was impossible to charge him or the callers (who should have paid the bill but didn't) with theft. Because calls were not logged it was impossible to determine the amount of lost revenue.



     

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