OFTA Announces Tightened Measures against Junk Fax Senders

The Office of the Telecommunications Authority (OFTA) announced today (4 July) to introduce more stringent measures against senders of unsolicited fax advertisements (also called "junk fax").

"We are pleased to have wide support from fixed telecommunications network service ('FTNS') operators to simplify the steps under the voluntary ' Code of Practice on the Procedures for Handling Complaints against Senders of Unsolicited Fax Advertisements ' ('the CoP'). This will better protect consumers from the junk fax problem," said an OFTA spokesperson.

Under the new measures, an FTNS operator will disconnect all the lines provided to a subscriber at a registered address if there are two established complaints against the subscriber for sending out junk fax. The lines can be disconnected in five days upon notice. Previously, junk fax senders had their lines disconnected upon three established complaints and there was no suggested notice period for disconnection other than those specified by individual operators.

"In February this year, the Government announced a campaign entitled 'STEPS' to fight spam and other unsolicited electronic messages with a variety of measures. The first letter 'S' stands for strengthening existing regulatory measures. The introduction of more stringent measures today under the code of practice for handling junk fax complaints is an example of actions under 'S'," added the spokesperson.

Senders of fax advertisements should not send such messages to those who have filed a request for not receiving similar fax calls in future. Last year, more than 400 lines were cut by operators due to established complaints about junk fax.

"The voluntary CoP seeks to reduce the junk fax problem before legislation against unsolicited electronic messages is in place. In the long term, unsolicited electronic messages, including junk fax, will be tackled by the future legislation under which penalties will be imposed on the senders of unsolicited electronic messages," the spokesperson elaborated.

For more information about the revised CoP, how to deal with junk fax and guidelines for senders of fax advertisements, members of the public are invited to visit OFTA's web site at http://www.ofta.gov.hk/en/junkfax/main.html.

Background

OFTA has issued the following documents on junk fax:

• Guidelines for Senders of Fax Advertisements (for fax senders)
• Dealing with Unsolicited Fax Advertisements (for fax line users)
• Voluntary Code of Practice on the Procedures for Handling Complaints against Senders of Unsolicited Fax Advertisements (for FTNS operators)

Under the above Guidelines, a fax advertisement sender should observe, among others, the following rules:

• print on the first page of the fax message the sender's name, telephone or fax number and provide a number to recipients choosing not to receive such fax in the future to contact the sender
• maintain a list of those who have filed a request for not receiving similar fax calls in future (a "not-to-call" list) and cease sending such fax to those whose fax numbers have been included on the list
• have his/her "not-to-call" list covering the numbers in the centralised "not-to-call" list maintained by OFTA
  

If a fax sender does not observe the rules, upon receipt of complaints, the sender's fax line service provider (FTNS operator) may terminate all the lines at the sender's address in accordance with the CoP.

Office of the Telecommunications Authority

4 July 2005