What is spam?
Spam has been aptly described as being the mosquitoe of the Internet - numerous, annoying and often carrying objectionable content and nasty viruses!
The word "spam" as applied to e-mail (and more recently, SMSs or instant messages) means "unsolicited commercial communications" and usually takes the form of unsolicited commercial e-mail (UCE) and unsolicited bulk e-mail (UBE).
Spam is a significant and growing problem, 50% of all e-mail traffic is spam.
How do you ensure that you are not spamming?
Section 45 of the ECT Act requires the sender of an unsolicited commercial communication to observe three rules:
- Provide the consumer with the option to cancel his or her subscription to the mailing list
- Furnish the consumer with the identifying particulars of the source from which that person obtained the consumer's personal information, on request of the consumer.
- Refrain from sending a second unsolicited commercial communication to a person who has advised the sender that such communications are unwelcome.
If a sender does not observe these rules, the person is guilty of an offence and liable on conviction to an unspecified fine, or a maximum of 12 months imprisonment.
A consumer may choose not to institute criminal proceedings against a spammer, but rather lodge a complaint with the Consumer Affairs Committee established by section 2 of the Consumer Affairs (Unfair Business Practices) Act, 71 of 1988. This option is created in terms of section 49 of the ECT Act.
The ECT Act is available on-line via the Government's web site: http://www.gov.za/gazette/acts/2002/a25-02.pdf
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