SMS and MMS spam battle
SMS and MMS spam is becoming an increasingly challenging problem in South Africa, and it is likely to increase unless the problem is actively addressed. While SMS spam is not as widespread as email spam, it can cause significant irritation to mobile phone users who typically have to open an SMS before deleting it.
The SMS spam battle is quite complicated because of various factors, including the fact that it is not easy to develop spam filtering software for lower end handsets which are unable to run complex programs.
According to Dr. Pieter Streicher, MD of BulkSMS.com and a Wireless Application Service Provider’s Association (WASPA) board member, the first step in tackling SMS spam is for networks to ensure that there are no loopholes which would allow SMS messages to be sent for free, or would allow the spoofing of mobile numbers.
WASPA has been effective at addressing many SMS/MMS spam offences, but its jurisdiction only extends to its members. WASPA is funded by the three cellular operators – and has their support when it comes to terminating the services of a WASP if WASPA instructs them to do so. The cellular operators also stipulate that WASPs must be members of WASPA to use their networks, something that gives WASPA clout within the industry.
The operator conundrum
There is however one group of companies which can send out bulk SMSs at will without fearing WASPA: The cellular operators themselves. While the internal WASP divisions of the operators are members of WASPA (MTN Internal WASP Services and Vodacom Service Provider), the cellular operators themselves are not WASPA members.
According to WASPA it will definitely benefit consumers and the industry if MTN, Vodacom and Cell C became members of the organization which they helped to establish and are currently funding. “Consumers can not distinguish between operator run services and WASP services, and ideally consumers should have one body to complain to for all WASP type services,” said WASPA.
Currently WASPA has no authority over the networks which send out messages to their own subscribers, or where SMS competitions are run by the network itself. WASPA added that many internal operator messages and competitions are run from shortcodes that do not belong to WASPA members, and hence WASPA has no authority over them.
Vodacom, MTN and Cell C explain
Since WASPA would welcome Vodacom, MTN and Cell C as members – something which WASPA claims will benefit consumers – it begs the question as to why the cellular operators are not keen to join this organization.
Cell C says that it is not a requirement that Cell C be a member of WASPA. “Unlike the other networks, we do not have an internal WASP department and therefore do not offer WASP services direct to the public,” Cell C said. Cell C added that any internal competitions run by Cell C will be targeted at a qualified Cell C database, and that WASPA has no involvement with regards to this.
MTN says that it may contact its own customers for purposes of marketing campaigns within the boundaries of the relevant legislation, and in such circumstances need not involve WASPA. “The relevant legislation is the Lotteries Act, the Electronic Communications and Transactions Act, and, as of the 24th of October 2010, the Consumer Protection Act, which will also give further recourse to consumers,” explains Graham De Vries – General Manager, Regulatory MTN SA.
De Vries further explains that MTN is a member of the Direct Marketing Association (DMA): “Any direct marketing campaigns that MTN runs follow the DMA guidelines and MTN’s policies which govern how MTN markets to its customers. As a member of the DMA, MTN has committed to run its customer database against the DMA ‘Opt out Register’ prior to sending out any direct marketing communication to the customer base.”
Vodacom says that it is not required for ‘Vodacom Pty Ltd’ to be registered as a member with WASPA, as it is not a WASP, but it does comply and adhere to the WASPA Code of Conduct.
“Vodacom Pty Ltd holds an I-ECNS/I-ECS license, which falls under the regulatory jurisdiction of the Independent Communications Authority of South Africa (ICASA). Vodacom Pty Ltd adheres to the Electronic Communication Act (ECA) and all the consumer protection regulations promulgated by ICASA under the ECA. It also adheres to the Electronic Communications and Transactions Act (ECTA),” said Vodacom’s Executive Head of Corporate Communications, Nicolene Visser.
Consumers still have avenues to address concerns
While WASPA does not have any authority over Vodacom, MTN or Cell C, consumers still have various avenues through which they can address their concerns.
Cell C explains that if any of their subscribers feel that they have been spammed they may lodge a complaint with Cell C directly and ask to be placed on Cell C’s Opt Out database. “Alternatively they may do the same via the Direct Marketing Association. If they feel that a competition is unfair, again they may lodge a complaint with the DMA – however, all competitions are validated by our Legal department before onset.”
Visser says that due to the relationship Vodacom holds with its customers, it sends SMS and MMS messages to them in accordance with the ECTA, and includes an opt-out option in all its messages.
“Any customers who are aggrieved by any of Vodacom’s conduct can approach ICASA as the first port of call, the DTI Consumer Affairs Committee, and or the Advertising Standards Authority,” said Visser. “We are currently busy with preparations, across the business, to ensure that we’re compliant with the Consumer Protection Act when it comes into effect.”
WASPA added that consumers can address their concerns regarding spam or competitions which they feel should be investigated with the National Lotteries Board (if the competition is regarded as an illegal lottery), the Advertising Standards Authority of South Africa (if the advertising was misleading) or the Independent Communications Authority of South Africa.
More good news is that the new Consumer Protection Act may widen WASPA’s area of authority. If the WASPA Code of Conduct is accepted by the Minister as an accepted industry code under the new Consumer Protection Act, all WASP related services would have to abide by the code, regardless of who is running the service (hence WASPA members and WASPA non-members).
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