Spam, also known as junk mail, is unsolicited commercial communications sent in bulk by electronic mail or by text or multi-media messaging to mobile phone numbers. Spam is often unwanted mail. With the convergence of information technology and telecommunications, controlling spam will prove to be difficult. Anyone in the digital world needs only to take a look at his inbox daily as proof that the problem is getting worse and not going away. Thus, the Spam Control Act (the Act) which was passed by the Singapore Parliament on 12th April 2007 will bring a collective sigh of relief to many Singaporeans.
E-mail spam has resulted in estimated productivity losses of nearly S$ 23 million in 2003 in Singapore alone and every month, each of the country's three major Internet Service Access Providers (ISPs) receive 5,000 spam-related complaints. Hence, the problem of unsolicited forms of SMSes and e-mails must be addressed in order to protect consumers from unnecessary mail. E-mail and mobile messages are default means of communication in today’s digital age, not only as means of easy and convenient communication but also a form of business communication to carry out extensive enterprise and networking efforts to reach customers and suppliers. Keeping such communication channels open is hence gaining importance.
The Singapore approach to the legislation of spam is part of a multi-pronged approach to control spam. Other aspects of the multi-pronged approach include public education, industry self-regulation and co-operation.
The Act only applies to spam sent from or received in Singapore. These are activities which have a direct nexus or connection with Singapore. The Act does not apply to all email and enforcement against foreign spammers would be costly as well as highly uncertain. One of the main concerns is that with four out of five spam messages originating from overseas, local legislation would only hurt local businesses.
However, by adopting the opt-out approach, the Spam Control Act is business-friendly and follows the American and Australian models. The Act sets out basic requirements for legitimate mass electronic marketing which include compulsory labeling and unsubscribing facilities that senders should adhere to. These apply to unsolicited commercial electronic messages transmitted in bulk. The Act also incorporates the proposal such that those who do not want to receive solicited electronic message may submit an unsubscribe request. Under clause 5(3) of the Act, any subsequent electronic message sent by the same sender after the unsubscribe compliance period of 10 business days will be treated as an unsolicited electronic message and the sending of that subsequent electronic message will be subject to the requirements set out in various provisions of the proposed Act.
Companies who use address harvesting software or dictionary attacks to generate marketing lists should re-examine this practice as sending emails generated by such means is now prohibited.
Furthermore, all Singapore senders must tag their unsolicited bulk commercial e-messages with the acronym "
Those who fail to comply can be taken to court by consumers. If found guilty, errant spammers can be ordered to pay statutory damages up to S$25 (US$16.4) per message. Nevertheless, the total penalty for spam with the same subject matter cannot exceed S$1 million (US$657,800).
However, the Act is not the silver bullet that anti-spam advocates in Singapore wished for. For instance, the Act relies only on consumers to engage in civil lawsuits against recalcitrant spammers in order for the guilty to be charged. This, in turn, might deter numerous parties from instituting legal action against spammers as it is costly and time-consuming. This is especially so for individuals who seek legal redress concerning spam as he may not have enough resources to fight the civil suit.
The Act will affect the ways in which companies that are actively using the Internet and other new media technologies market their goods and services. Companies who buy marketing databases should examine the origin of these databases. They should also examine their marketing processes to ensure that they do not unwittingly authorise the sending of non-compliant unsolicited commercial messages.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
