Sanctions to prevent spam messages

According to the provisions of the Decree77/2012/ND-CPThe government has just issued a regulation that will tighten advertising activities via text messages and emails. Many opinions say that this is necessary to ensure a safe and healthy information environment for users.

Prevent abuse of advertising messages

The notable point of Decree 77/2012/ND-CP, according to Mr. Dang Anh Tuan, Director of the Legal Department, Ministry of Information and Communications, is that instead of being allowed to send a maximum of 5 advertising emails and messages as prescribed in the old regulations, the Decree stipulates that it is not allowed to send more than 1 advertising email with similar content to an email address within 24 hours, unless otherwise agreed with the recipient.

At the same time, it is not allowed to send more than 1 advertising message with similar content to a phone number within 24 hours and is only allowed to send between 7am and 10pm every day unless otherwise agreed with the recipient.

Receiving advertisements in the form of "mail bombs, news bombs" causes a lot of trouble for users.

“This is one of the important contents, creating a legal basis to prevent the phenomenon of some businesses abusing sending advertising messages to bother subscribers,” said Mr. Tuan.

Commenting on the new regulation that clearly limits the number of advertising messages that can be sent, Mr. Le Duy Hai, Director of Viet Trung Company Limited (Hanoi) said that this is a necessary action. Although advertising messages and emails often provide some necessary information about goods and services, receiving advertisements in the form of "mail bombs and news bombs" is really annoying and causes discomfort for users, Mr. Hai shared. Mr. Hai said that there was a day when he received nearly 30 spam and advertising messages.

Student Nguyen Thanh Tung (Phuong Dong University, Hanoi) said that “stricter regulations on advertising via text messages will help protect people’s legal rights, help prevent negative phenomena that are increasingly spreading in the community from spam messages, emails with signs of fraud, containing unhealthy content such as fortune telling, gambling, lottery… causing damage to users and affecting safety, security and social order”.

But the prohibition of violations must go hand in hand with strong enough sanctions.

Having also been bothered and affected in his business by untimely advertising messages, Mr. Nguyen Hong Vu, Director of AVM General Service and Trade Development Company Limited (Hanoi), said that if the advertising service provider does not immediately implement the user's request to refuse to receive advertising messages, the user should also immediately request assistance from the authorities.

In order for the regulation to be effectively implemented in practice, according to Mr. Vu, authorities need to be resolute and transparent in applying sanctions, including additional penalties, and can even add aggravating circumstances to deter and prevent violations.

As the person in charge of receiving emails at the Danang City Electronic Information Portal, Ms. Nguyen Thi Cam Van said that there are many spam emails that have been automatically moved to the spam folder by the mailbox, but there are still spam emails that pass through this screening. Therefore, according to Ms. Van, in case businesses abuse the form of advertising emails, causing inconvenience to users, if the authorities are notified by users, they can warn, cut off services, and impose financial penalties.

According to Ms. Nguyen Ha Linh Chi, an officer of the Quang Nam Province Electronic Information Portal Management Center, the feasibility of the regulation when applied in practice depends on many factors, such as whether the sanctions are strong enough and the management form of the authorities. The authorities need to direct mobile telecommunications businesses and businesses providing content services via text messages to build and complete technical equipment systems to prevent spam calls and messages, review digital resources, and strictly manage information on mobile subscribers and network subscribers, etc.

“Strictly handling violations related to the act of spreading spam messages and spam emails, suspending service provision in cases of violations, and transferring files to the police when there are signs of law violations will be necessary sanctions to bring the regulations into life,” said Ms. Chi.

Regarding specific measures to enforce anti-spam regulations, Mr. Dang Anh Tuan, Director of the Legal Department, Ministry of Information and Communications, said that in the near future, the Ministry of Information and Communications will also issue a guiding Circular, which also clearly stipulates sanctions for violations related to this issue.

According to VPchinhphu-M