Title 46, Chapter 5, Section 22
( 46-5-22)
(a) It shall be unlawful for any person, by means of a telephone
communication for commercial purposes, to make directly or by means
of an electronic recording device, any comment, request, suggestion,
or proposal which is obscene, lewd, lascivious, filthy, or indecent.
Any person who makes any such comment, request, suggestion, or
proposal may be subject to prosecution under this Code section
regardless of whether such person placed or initiated the telephone
call. (b) It shall be unlawful for any person to permit knowingly any
telephone or telephone facility connected to a local exchange
telephone under such person's control to be used for any purpose
prohibited by this Code section. (c) Any person who violates any provision of this Code section shall
be guilty of a misdemeanor. For purposes of this subsection, each
day of a violation shall constitute a separate offense. (d) A court may grant a preliminary injunction under this Code
section after due notice to the party to be enjoined and upon a
sufficient showing of the likelihood of ultimate success in a
prosecution under this Code section and showing that such injunction
would be in the public interest. Such injunction shall be dissolved
by the court if a full trial on the merits is not scheduled within
such period as may be specified by the court not to exceed 30 days. (e) In the event that a person applies to a local exchange telephone
company for use of the local exchange telephone company's facilities
for the purpose of transmitting a recorded commercial message, the
local exchange telephone company shall have the authority to review
the message and deny the applicant's request for facilities if the
message appears to violate the provisions of this Code section. |