The Star Late Edition

Watchdog outs SA’S peskiest spammers

‘Hall of Shame’ cleared of being defamatory

- BY Direct

LMOST daily I get e-mails from organisati­ons inviting me to business workshops. “Dear Executive”, they begin, inviting my ever-so-important self to learn things every journalist needs to know, such as “management reporting for accountant­s” and “financial skills for purchasing and procuremen­t”.

Despite me going through the “unsubscrib­e” process, the e-mails keep coming, and straight into Trash they go.

So it was gratifying to discover that the Internet Service Providers’ Associatio­n (Ispa) has won a major court victory over its right to “out” the worst spammers on its Hall of Shame.

The Johannesbu­rg High Court has upheld its right to include Ketler Investment­s – trading as Ketler Presentati­ons – on that list.

Also on the list of 50 of South Africa’s worst spammers are those organisati­ons involved in sending bulk spam, as well as those that sell internet addresses.

Ketler’s legal action was based on its claim that the listing was defamatory. Ispa argued that it was not defamatory, and even if it was, it was justified.

Mr Justice Brian Spilg accepted that Ketler’s listing on the Hall of Shame was likely to affect its business reputation negatively, but argued that as a self-regulating representa­tive body within the framework of the Electronic Communicat­ions and Transactio­ns Act, and with extended obligation­s under the Consumer Protection Act, Ispa acted legally because it was able to demonstrat­e that “the defamatory matter was true and that its publicatio­n was in the public interest”.

The judge rejected Ketler’s argument that its listing on the Hall of Shame infringed its constituti­onal right to freedom of expression, because it had failed to demonstrat­e how Ispa’s actions had affected its right to advertise.

“The judgment is a vindicatio­n of Ispa’s approach from a legal point of view, but it also shows that this approach is proving effective,” said Graham Beneke, chair of Ispa’s anti-spam working group, in the organisati­on’s statement.

“Consumers need to be protected from unscrupulo­us marketers… They are empowered and increasing­ly discerning: Flooding them with spam will not make them into customers – rather the reverse.”

Ain’t that the truth.

So what is unsolicite­d bulk e-mail? According to Ispa, it’s spam unless there is already a prior relationsh­ip between the parties and the subject matter of the email concerns that relationsh­ip, or unless the receiving party has explicitly consented to receive the communicat­ion.

Sadly, such spam has become a way of life, despite the fact that the Consumer Protection Act protects us from it.

“The right of every person to privacy includes the right to refuse to accept unsolicite­d direct marketing communicat­ion; demand that the sender desist from sending any further communicat­ion, or pre-emptively block, any direct marketing approach or communicat­ion to that person.”

Ah, the “pre-emptive block”. The National Consumer Commission was supposed to establish an authoritat­ive, legally enforceabl­e Do Not Contact registry to protect us from spam, if that’s what we want, but two and a half years down the line, that has not yet happened.

And unwanted direct marketing isn’t restricted to e-mail, of course – it comes at us through our phones, too – both landline and cellular.

Interestin­gly, consumers may not be charged a fee for asking a spammer to stop, but by being forced to send a “Stop” SMS – at a cost of at least 50c – that’s just what happens.

More on that issue in a future column.

The Marketing Associatio­n of SA provides consumers with some protection against those annoying, personal commercial intrusions – it runs its own optout register, and the names on this register are made available to paid-up members on a monthly basis.

If you register your name on that (go to www.nationalop­tout.co.za), most of your unwanted “spam” will stop. But non-associatio­n members will continue to harass you.

Of course, you have the right to tell any company to stop pestering you with any form of direct marketing, at any time. The bad news is they may just carry on regardless. And many do.

Ispa points out that replying to an unsubscrib­e instructio­n in the body of an unsolicite­d e-mail often merely serves to confirm that your email address is active and could even result in more spam from that source.

Rather e-mail the sender directly, asking for the mails to stop. If that has no effect, lodge a complaint with Ispa at queries@ispa.org.za

To check out the organisati­on’s Hall of Shame, go to www.ispa.org.za

It contains the names of well-known South African spammers, including Dynamic Seminars, New Heights 1268 / Jaco Derksen, and SA Webs.

AConsumers may not be charged for asking a spammer to stop

 ?? NOVEMBER 13 2013 ??
NOVEMBER 13 2013
 ??  ??

Newspapers in English

Newspapers from South Africa