South African law regarding spam

[ellipsis]

In essence, South Africa follows the opt-out approach.

In the following threads, we will discuss spam under the following pieces of legislation:

Electronic Communications and Transactions Act (http://mybroadband.co.za/vb/showthread.php/344099-Spam-Electronic-Communications-Act)
Consumer Protection Act (http://mybroadband.co.za/vb/showthread.php/344101-Spam-Consumer-Protection-Act)
Protection of Personal Information Bill (http://mybroadband.co.za/vb/showthread.php/344107-Spam-Protection-of-Personal-Information-Bill)

[dadiggle]

Unfortunately spam comes from anywhere but SA

[aalwees]

Today I got spammed by a spammer. Nothing unusual about that except that this time the spammer told me who he was, gave me genuine contact details and offered to do some spamming for me at reasonable prices. They offered at least half a million prospective clients and promised instant results. The spam ended with this:
"Tel: 031 940 4140
Email: info@b2bmach4.info
Branches in Johannesburg, Durban & Cape Town
This e-mail is fully compliant with Section 45 (a) of the ECT Act of 2002
Unsubscribe me from this list"

Of course I knew that if I clicked that unsubscribe link all I'd be doing is confirming to them that they could safely sell my address to use on another 1000 lists. It's a total con, a lie, and the current SA legislation does its best to give it the space it needs to operate. What's more is it gives businesses like B2BMach4 a veneer of respectability, so much so that they can openly offer to do it for others and so further multiply the spam.

[aalwees]

Here's an idea: suppose we stay with the opt-out system but enforce the opt-out properly. So if someone asks a marketing company like B2BMach4 to remove their contact details from ALL their lists on ALL their computers it must be done thoroughly enough that an auditor who finds that address still there anywhere, may fine them for the transgression. Same applies if the offended party receives another email after requesting the removal.

Even better: the enforcing body keeps a list of addresses which have requested removal and every marketer must check their list against it and any email which goes out despite being on that list can incur a fine. The public may add themselves to the enforcers lists. The company which is using the marketer's services must also be fined. That way it won't help to locate the marketing service abroad and the marketer is accountable to its clients for its lists.

[aalwees]

I just got another one. This time from a company called emailmarketingnow.co.za. They'll even sell you a list so you can do it yourself.
Mark my words, the current SA legislation is a nice warm incubator for companies like this and things will get a lot worse.

[koeksGHT]

Just don't give your email address to unknown sites that could sell it, oh and make sure you do NOT have it posted on a webpage so if you google your email address it won't find it. Lots of crawlers pick that info up and add it to lists to send spam too. Rather use a contact form so the php(or whatever system) emails you and they do not get your address.

[WPD]

SA's opt-out legislation is a bunch of crap. As I understand it, it effectively means that you can spam someone until they tell you to stop.

We should all start mailbombing these idiots that offer spamming services and see how they like it.

[Skywalker42]

On [insert date here], I received the following message from you:

| Blah, blah, blah

Since this is a commercial message, and since I have not requested to
be placed on your mailing list, this message constitutes an unsolicited
communication in terms of section 45 of the Electronic Communications
and Transactions Act (Act 25 of 2002).

In terms of section 45(4) of this Act, this message serves as
notification that I do not wish to receive any further communications
from you. Failure to comply with this request constitutes a criminal
offence in terms of the ECT Act.

Additionally, I hereby request that you immediately disclose where you
obtained my contact details, as per section 45(1) of the ECT Act.
Failure to respond to this request also constitutes a criminal offence.

[ Optional paragraph:
I note that your original message did not provide me with an option to
cancel my subscription to your mailing list, as required by section 45(1)
of the Act. This means that you may already have committed an offence
in terms of section 45(3) of the Act, and may be subject to prosecution.
]

Should you wish to familiarise yourself with the relevant legislation,
or check my facts, a copy of the ECT Act is available on-line via the
Government's web site:

http://www.info.gov.za/view/DownloadFileAction?id=68060

Your co-operation in this matter will be appreciated.

[WPD]

On [insert date here], I received the following message from you:

| Blah, blah, blah

Since this is a commercial message, and since I have not requested to
be placed on your mailing list, this message constitutes an unsolicited
communication in terms of section 45 of the Electronic Communications
and Transactions Act (Act 25 of 2002).

In terms of section 45(4) of this Act, this message serves as
notification that I do not wish to receive any further communications
from you. Failure to comply with this request constitutes a criminal
offence in terms of the ECT Act.

Additionally, I hereby request that you immediately disclose where you
obtained my contact details, as per section 45(1) of the ECT Act.
Failure to respond to this request also constitutes a criminal offence.

[ Optional paragraph:
I note that your original message did not provide me with an option to
cancel my subscription to your mailing list, as required by section 45(1)
of the Act. This means that you may already have committed an offence
in terms of section 45(3) of the Act, and may be subject to prosecution.
]

Should you wish to familiarise yourself with the relevant legislation,
or check my facts, a copy of the ECT Act is available on-line via the
Government's web site:

http://www.info.gov.za/view/DownloadFileAction?id=68060

Your co-operation in this matter will be appreciated.

Its all very well to have the legislation in place, but is anyone really going to hire an attorney to sue someone who sent a single spam email or ignores your request for disclosure of the origin of your email address?

What is the best (practical) way to actually bring this act into play?

[rebel998]

What use is it to threaten with SA leglislation when the spammer is from abroad?

[dominic]

What use is it to threaten with SA leglislation when the spammer is from abroad?

given that it is not much use when the spammer is local I would have to say none.

[dominic]

Its all very well to have the legislation in place, but is anyone really going to hire an attorney to sue someone who sent a single spam email or ignores your request for disclosure of the origin of your email address?

What is the best (practical) way to actually bring this act into play?

I don't think it is practically useful at all - hopefully once the relevant provisions of the CPA have been implemented we will have some progress (although we may well not see any progress at all). I have been involved in efforts to pursue a criminal prosecution but that simply does not work (and, understandably, SAPS have more important things to do).