Annoying spam and the law

Many residents know all too well how annoying it can be to receive excessive amounts of sales calls, text messages and emails.

Surely it cannot be legal to harass residents with constant messages that often sound like this, ‘Need a reliable and cheap car insurance? Give us a call and we can help you.’

Attorney Tyrone Walker explained the interesting legal side to this argument. “Regulation of spam in South Africa was introduced by the Electronic Communications and Transactions Act (ECTA) [in 2002] and was later strengthened by the Consumer Protection Act (CPA) [in 2008] and the recently promulgated Protection of Personal Information Act (POPIA).”

He added that those who wish to do extra research can visit the Internet Service Providers Website (ISPA) which discusses the issue of spam and what can be done against it.

“The ISPA is taking an active role in combating spam in South Africa. ISPA members include most of the companies we utilise for our internet and email. Some of the members include Neotel and Vox Telecom. They are bound by a Code of Conduct which requires that ISPs take steps to prevent spam from originating on their networks. In addition, ISPA is actively tracking and identifying South African spammers.”

Many of us are receiving unsolicited bulk emails that we have not asked for or consented to receive. In light of this, Walker explained that spam emails, messages and phone calls usually advertise a service or a product.

“Consumers can take action by reporting South African spam to the relevant Internet Service Provider (ISP). If this service provider fails to take appropriate action, and if they are an ISPA member, a complaint should be lodged on the aforementioned website.”

He wants to urge consumers to be careful when signing any new contracts with retailers. Should consumers wish to take out a new cellphone contract or purchase a new vehicle, the laws are quite clear and state that the agreement should have a section whereby a consumer can choose whether they wish to receive ‘spam’ or marketing communications. “Please read through this agreements and opt out of the spam communication at this stage to make life easier.”

The Direct Marketing Association of South Africa provides a platform through which consumers can add themselves to the National Opt-out Database. “The database helps to ensure your address, email address, telephone and cell number are no longer available to marketing related companies.”

Once again, this association has certain members and companies which are registered to it like the ISPA and this does not remove all of the spamming companies from your life. However, according to Walker, this is a positive movement in the right direction.

Details: www.ispa.org.za