SMS 'spam' = 12 month's jail
2002-11-26 08:47
Cape Town - It sounds like an excellent marketing ploy. You get a few cellphone numbers and a service provider willing to send a host of short text messages (SMS) and you market your service or product to cellphone users.
However, it is illegal to send unsolicited SMS messages according to section 45 of the Electronic Communications and Transactions Act.
Perpetrators can be sentenced to up to 12 months in jail.
Reinhardt Buys, an attorney and internet expert from Cape Town, said anyone who received unwanted SMS messages from companies had the right to ask where the company got the number and who gave permission that the message may be sent.
"Every day, we receive complaints from users who are inundated with unwanted SMS messages from places they haven't even heard of. When we contact these places, they are surprised to learn that this type of marketing is illegal."
Research by Trust Online shows that less than 4.5% of South African businesses are aware of the legislation.
The Direct Marketing Association of South Africa's code of conduct states that SMS messages may be sent only if consumers have asked for them.
The association is building a website - www.smscode.co.za - where consumers can lodge complaints about unwanted cellphone messages.