As vigilantes go, Nigel Roberts was an unlikely champion in the battle against spammers. The chartered engineer from Manningtree, Essex, holds the distinction of being the only person to win a court judgment after a breach in UK anti-spamming laws.

Mr Roberts, 38, received £270 compensation and £30 court costs in December last year, after suing Media Logistics Ltd of Falkirk, Scotland, for sending unsolicited e-mails to his private address. Mr Roberts brought an uncontested action in the Small Claims Court for a breach of the Privacy and Electronic Communication Regulations (PECR). It was more than had been achieved by the official watchdog, the Information Commissioner’s Office.

The ICO can only act on marketing e-mails sent to private addresses from within Britain, which accounts for a tiny proportion of spam. In 2004 and 2005 the office received 729 complaints within its jurisdiction under the PEC regulations. This led to a number of warning letters but not one enforcement notice, let alone a prosecution. A spokeswoman for the ICO said yesterday that it had insufficient powers to tackle the problem. It is in negotiation with the Department of Trade and Industry about strengthening its powers.

Hopes that Mr Roberts’ victory would inspire others to bring actions in the court have not been fulfilled, leading computer experts to call for a strengthening of anti-spamming laws.

Straun Robertson, a corporate lawyer and editor of out-law.com, said: “In reality we have to accept that it is technology that is going to protect us from spam rather than legislation.”

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