General Rules for sending messages
Do
- provide accurate sender information in the message
- provide a functional unsubscribe facility with an unsubscribe statement in a clear and conspicuous manner
- honour recipient's unsubscribe request within 10 working days from the day on which the request is sent
Don't
- send message to an electronic address listed on the do-not-call registers unless consent from the recipient is obtained
- use misleading subject heading for an e-mail message
- conceal or withhold the caller display for a voice, fax, SMS/MMS message
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For details of the requirement on the sender information, unsubscribe facility, unsubscribe facility statement and the presentation of the information in different types of messages, please refer to Chapter 4 of the Guide for the Industry. If you wish to know more about the do-not-call registers, please visit OFTA's website.
Penalty for contravening the rules
Telecommunications Authority is empowered to issue an enforcement notice to a sender which, in his opinion, has contravened the rules for sending commercial electronic messages. The enforcement notice will specify the steps to remedy the contravention.
Failure to comply with an enforcement notice is an offence punishable by fine up to $100,000 for the first conviction, and to $500,000 for the second or subsequent conviction. A further fine of $1,000 a day will be imposed for continuing offence.
Appeal
Recipient of the enforcement notice can appeal to the Unsolicited Electronic Messages (Enforcement Notices) Appeal Board. To prevent abuse of the appeal mechanism, the lodging of an appeal will not suspend the operation of the enforcement notice unless it is ordered by the Appeal Board. In other words, the person shall still comply with the enforcement notice even though an appeal has been lodged. |