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According to the Electronic Communications and Transactions Act (ECT Act), any person sending unsolicited commercial communications must give consumers the option to cancel the subscription to the mailing list, and must provide the consumer with the source of his personal information on request. The sender is required to cease sending such communication where the receiver has advised that such communication is unwelcome.
It is widely agreed that the ECT Act was ineffective in dealing with spam. Attempts to initiate criminal prosecutions were defeated by a combination of the poor drafting of the relevant sections of the ECT Act and a lack of interest on the part of the SAPS (fair enough – spam is not exactly a priority crime). The Spam Bounty[1] offered by the Internet Society of South Africa (ISOC) has not, to the best of our knowledge, been collected.
For what it is worth, section 45 of the ECT Act remains in force but will probably be repealed once the Protection of Personal Information Act is finalised.
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[1]http://wiki.isoc.org.za/Main_Page
It is widely agreed that the ECT Act was ineffective in dealing with spam. Attempts to initiate criminal prosecutions were defeated by a combination of the poor drafting of the relevant sections of the ECT Act and a lack of interest on the part of the SAPS (fair enough – spam is not exactly a priority crime). The Spam Bounty[1] offered by the Internet Society of South Africa (ISOC) has not, to the best of our knowledge, been collected.
For what it is worth, section 45 of the ECT Act remains in force but will probably be repealed once the Protection of Personal Information Act is finalised.
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[1]http://wiki.isoc.org.za/Main_Page