The Zambia Information and Communications Technology Authority (ZICTA) has in the recent past been received several complaints from a cross section of consumers of mobile telephony services over unsolicited text messages they receive from the three mobile providers namely Airtel, MTN and Zamtel.
The complaints alleged that the same text messages were transmitted repetitively and sent within a short space of time. Others indicated the transmission of such messages was done at awkward hours and late in the night which was disruptive and annoying on the part of the consumers.
The Authority is alive to the fact that mere transmission of the said messages by Mobile Service Providers does not in itself constitute an offence as stipulated under section 105 of the Electronic Communications and Transactions Act No. 21 of 2009. However, the Authority is cognisant of the fact that all Service Providers have an obligation, in respect of their specific services, to deal reasonably with consumers under section 67(1)(b) of the Information and Communication Technologies (ICT) Act No. 15 of 2009.
After investigating and reviewing the complaints, the Authority met the three providers and directed as follows:
Service Providers are currently testing short code facilities which will allow consumers choice to opt in /opt out of a promotion without incurring costs on all the three Mobile networks.
In order to find a permanent solution and proactively address the complaints, the Authority wrote to all the service providers and directed them to put in place mechanisms that will allow subscribers choice to either receive or not receive advertising messages (opt in /opt out principle).
This was followed by a meeting between the Authority and all the three mobile service providers on August 10, 2011 at which the Authority directed the Service Providers to adhere to the following when transmitting unsolicited text (SMS) messages;
I) With immediate effect the Authority has imposed a Time limit for transmission of the said messages.- It has directed that no promotional SMS messages(s) will be transmitted between 20:00 hours and 07:00 hours
II) With immediate effect only one one promotional message of the same nature will be transmitted per week and providers are only allowed to transmit one SMS per day
III) With effect from 1st September 2011 providers will put in place a mechanism that will allow consumers to opt in/opt out of any promotions being run. This information about this mechanism will accompany every message transmitted. This directive is not applicable to consumers who have contracts with other third party institutions like financial institutions. Also of importance to note is that educational outages, emergency and awareness messages are excluded from this directive.
The Authority would like to assure consumers that under the current legal frame, the regulatory mandate of the institution has been enhanced and all measures to protect the interests of consumers will be implemented whenever the situation calls for intervention. However, ZICTA would like to urge service operators to be proactive and ensure that priority is given to the convenience of the consumer at all times.
Ngabo Nankonde (Ms)
PUBLIC RELATIONS MANAGER
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