Unsolicited Electronic Messages Ordinance to Fully Commence on 22 December 2007

The Office of the Telecommunications Authority (OFTA) announced today ( 20 December 2007 ) that the Unsolicited Electronic Messages Ordinance (UEMO) would fully commence on 22 December 2007. Members of the public who wish to decline unsolicited commercial electronic messages (except those messages to which consent has been given) may register their telephone or fax numbers onto the three do-not-call registers for fax, short messages and pre-recorded telephone calls.

"The registration process is simple and can be done easily through an automated telephone system. The public can register their fax numbers onto the do-not-call register for fax by calling the registration hotline at 1835002 using the fax machine of the number that they want to register," the spokesperson of OFTA said.

"However, there is no need for the public to flock to register as there is no deadline for registration. The public can register their numbers onto the do-not-call register for fax on any day at any time (except 23:00-24:00 each day when the database undergoes updating) on or after 22 December 2007. If the registration hotline is busy, they should try later. Repeated dialing may unnecessarily overload the registration system," continued the spokesperson.

As there are over 14 millions fax and telephone numbers in use in Hong Kong, the three registers will be launched in phases so as to ensure smooth operation in the initial launching period. The first do-not-call register to be launched is for fax, which will start to accept registration from 22 December 2007. Detailed launching schedule of the three registers is listed in the Appendix .

"With the full commencement of the UEMO, the existing interim measures to tackle unsolicited electronic messages will be withdrawn. Those who have registered their numbers on OFTA's existing 'not-to-call' list for declining junk fax messages will have to register their numbers onto the do-not-call register for fax if they want to continue declining unsolicited fax messages," the spokesperson explained.

"Apart from registering their numbers onto the do-not-call registers, the public can also make unsubscribe requests direct to individual message senders to decline commercial electronic messages," added the spokesperson.

After the UEMO fully commences on 22 December 2007, senders of commercial electronic messages are required (i) to provide accurate sender information and unsubscribe facility in a message; (ii) to honour the recipients' unsubscribe requests; (iii) not to send messages to any telephone/fax numbers listed on a do-not-call register unless consent has been obtained from the recipient; (iv) not to withhold calling line identification information when sending pre-recorded telephone calls and fax messages; and (v) not to use misleading subject heading when sending email messages.

The Telecommunications Authority (TA) will issue enforcement notices to those senders who have contravened the above rules. Failure to comply with enforcement notices may be subject to a fine of $100,000 on first conviction, and up to $500,000 on second and subsequent conviction.

For more information about the UEMO and the do-not-call registers, please visit OFTA's website at http://www.ofta.gov.hk/en/uem/main.html. Pamphlets setting out the details of the do-not-call registers are available at the Public Enquiry Service Centers of the Home Affairs Department. The public may also call the public enquiry hotline for the do-not-call registers at 2180 6868 starting from 22 December 2007 (operating from 8:00am to 10:00pm daily).

Background

The UEMO regulates the sending of commercial electronic messages that have a Hong Kong link, but person-to-person interactive communications are exempt. It was enacted in May 2007 and comes into effect in two phases. In Phase One (starting from 1 June 2007), those parts of the UEMO in relation to offences concerning (i) the use of unscrupulous techniques to expand the reach of commercial electronic messages; and (ii) fraudulent and other illicit activities related to the sending of multiple commercial electronic messages, have come into effect. Phase Two mainly concerns the rules for sending commercial electronic messages and will commence on 22 December 2007.

Office of the Telecommunications Authority
20 December 2007