Act against email spamming

Background

Are you pestered by businesses and individuals sending you unwanted emails? Then you have to read on and know your rights.

The the "Electronic Communications and Transactions Act, 2002"

Since the "Electronic Communications and Transactions Act, 2002" was introduced, unsolicited emails have a legal definition and must now meet certain requirements.

This is the specific text of the Act relevant to spam: 

Unsolicited goods, services or communications 

45.(1) Any person who sends unsolicited commercial communications to consumers, must provide the consumer 

(a) with the option to cancel his or her subscription to the mailing list of that person; and 

(b) with the identifying particulars of the source from which that person obtained the consumer's personal information, on request of the consumer. 

(2) No agreement is concluded where a consumer has failed to respond to an unsolicited communication. 

(3) Any person who fails to comply with or contravenes subsection (1) is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1). 

(4) Any person who sends unsolicited commercial communications to a person who has advised the sender that such communications are unwelcome, is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1). 

Action from your side

Before you can take legal action against senders of spam under this law, you need to do something from your side to show that you have requested it to stop.

In responding to local spam you can use the following template message for possible best results. Copy and paste this wording in your reply email and replace the text in brakets, but also include the original message's text. 

SUGGESTED TEMPLATE

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

(Original email's text / content)

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 offense 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 offense.

[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 offense 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.

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Send this email with a CC copy to yourself and keep it as evidence. If the spamming continues, you then have proof that you have requested from your side for it to stop and that the sender of such spam messages chose to disrespect and violate your legal rights.