OFTA Invites Public Views on Proposals to Contain the Problem of Unsolicited Electronic Messages

The Office of the Telecommunications Authority (OFTA) today (25 June 2004) issued a consultation paper to invite public views on the proposed measures to contain the problem of unsolicited electronic messages.

Commonly known as "junk messages", unsolicited electronic messages are distributed through various electronic means to consumers without their consent. They include but are not limited to e-mails (or spam), faxes, voice mails, short messaging services (SMS) and multi-media messaging services (MMS).

"Spam and other forms of junk messages have caused concern both in the local community and in the international arena. Junk message is a nuisance to the recipients. It also wastes business money in the form of lost worker productivity. In addition, a lot of them contain illicit content that can be offensive to adults and harmful to minors," a spokesperson from OFTA said.

"We share the community's concern on the nuisance and cost brought by spam and other forms of junk messages. We therefore conduct a consultation to review the effectiveness of current measures against the problem, and to discuss the need for further new ways to contain the problem including technical solutions, user education, enactment of legislation, as well as co-operation with industry and international bodies," the spokesperson continued."


"We have an open mind on the measures to be adopted. Our objective is to find an effective solution. At the same time, we note that businesses are increasingly taking advantage of the low-cost and efficient telecommunications services in Hong Kong to promote their products and interact with their customers. Any measure should not place an undue burden on the business community. In particular, it should not deter businesses from reaping the benefits of low telecommunications costs in their legitimate marketing or customer transactions. We must ensure that a proper balance is struck," the spokesperson emphasized.

"The issue is a complex one and has wide implications on telecommunications users, operators, service providers, marketing companies and general businesses. We hope that the consultation will encourage the community to discuss and give us their views on this important subject," the spokesperson concluded.

The consultation paper can be downloaded from OFTA's web site: www.ofta.gov.hk. Any views and comments on this consultation should reach OFTA on or before 25 October 2004.


Background

At present, although there is no law prohibiting the sending of unsolicited electronic messages, some administrative measures have been put in place. In 2000 the Hong Kong Internet Service Providers Association (HKISPA) issued the Code of Practice for Prevention of E-mail Spamming for voluntary adoption by their members. Under the Code, participating members are required to introduce terms and conditions which forbid their customers from engaging in e-mail spamming activities. They are also required to take technical and administrative measures to combat spamming and to adopt a procedure for handling spamming complaints. The Office of the Telecommunications Authority has also issued the voluntary "Guidelines for Senders of Fax Advertisements" setting out the regulation of junk fax. Fax-line users who do not wish to receive junk fax may register their fax numbers with their respective fixed network operators under the "Not-to-Call" list to be observed by all senders of fax advertisements. Receivers of junk fax may also lodge a complaint with their fixed network operators. Legitimate complaints may lead to sanctions against the senders such as suspension or termination of their fax-line service.

In 2003 alone, there were a total of 24 232 complaints about junk fax lodged with local fixed-line operators, among which 15 491 had been registered under the "Not-To-Call" list. A survey conducted by the HKISPA in December 2003 also revealed that 50% of all e-mails handled by local Internet service providers (ISPs) in Hong Kong is spam.


Office of the Telecommunications Authority
25 June 2004