(4) In awarding statutory damages under subsection (3)(b), the court shall have regard to—
- (a) whether the contravention by the defendant of section 9, 11 or 12(1) was wilful;
- (b) any loss or damage that the plaintiff has suffered or is likely to suffer as a direct or an indirect result of the contravention referred to in section 13(1);
- (c) any benefit shown to have accrued to the defendant by reason of the sending of electronic messages;
- (d) the need to deter other similar instances of sending of electronic messages; and
- (e) all other relevant matters.
(5) The loss referred to in this section includes any pecuniary loss suffered as a direct or an indirect result of the contravention referred to in section 13(1).
Costs and expenses
15. In any proceedings under this Act, the court may, in addition to exercising the powers conferred by section 14, order the defendant to pay to the plaintiff the costs and expenses of and incidental to the proceedings, and any legal costs incurred in respect of the proceedings.
PART V
MISCELLANEOUS
Code of practice
16.—(1) Internet access service providers and telecommunications service providers may, with the approval of the Authority, issue a code of practice in connection with—
- (a) minimum standards of technical measures to effectively control the sending of unsolicited commercial electronic messages; and
- (b) such other matters as the Authority may require.
(2) Every Internet access service provider and telecommunications service provider shall comply with any code of practice approved by the
