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What is Spam?
Generally, Spam is an act of flooding the Internet with many copies of the same messages in an attempt to force the message on people who would not otherwise choose to receive it. It is a growing problem for Internet users and now accounts for more than 60% of the world-wide emails.
The proposed Singapore Anti-Spam bill is refers to spam as an unsolicited commercial communications transmitted by electronic mail or transmitted by text or multi-media messages to mobile telephones. It consists of four distinctive features:
(a) Spam is unsolicited; (b) the content of spam is commercial in nature; (c) Spam consists of e-mails and mobile messages, e.g., text or multi-media messages; and (d) these messages are transmitted in bulk.
What is the Singapore Spam Control Act?
Mobile marketers and e-mail marketers will now have to adhere to a legal framework before they hit the “Send” button for their next unsolicited marketing message, or spam.
The Spam Control Act 2007 will provide this framework as a means to address the still-growing and global phenomenon. The law was developed by the Infocomm Development Authority of Singapore (IDA) and the Attorney-General’s Chambers of Singapore (AGC), with inputs from the public, people and private sectors, over the last three years. The legal guidelines are reasonably easy for marketers to follow, and for consumers to understand. For instance, unsolicited commercial messages will have to carry the label <ADV> in their subject headings, or be the first words to appear in a message to clearly mark it as an advertisement. Marketers would also have to provide a valid return contact for consumers to send a request to be taken off that mailing or distribution list.
Consumers will get a measure of protection from spam this way. For one, they can set their e-mail filters to screen out such traffic. Or if it’s a mobile message, <ADV> would serve to immediately signal the SMS as spam and the recipient can choose how he wants to respond to it - either as information, or ask to be taken off that mailing list.
Marketers - particularly those based in Singapore or who have operations here - who continue to spam this “Not Interested” group face potential financial penalties of between $25 for each electronic message sent, or up to $1 million.
The Spam Control Act will offer a framework to better manage unsolicited electronic messages, which is estimated to still make up the bulk of all e-mails sent worldwide.
Download the Spam Control Act 2007
Bill legislation and parliamentary process
April 12 2007 – Spam Control Act was passed in Parliament
February 12 2007 – Bill was introduced and first read in Parliament
September 12 2005- IDA & AGC Seek Second Round Views on Proposed Spam Control Bill for Singapore
Media coverage and Commentaries
Feb 24th 2007. Channel NewsAsia, Singapore news. 'Proposed anti-spam law not easy to implement: industry experts'
Feb 13th 2007. TODAY. 'Law joins anti-spam battle; Proposed Bill could impose liability to the tune of $1 million'
Feb 13th 2007. The Straits Times, Prime news. 'Anti-spam Bill aims to get marketers to label messages'
January 2nd 2007. The Straits Times, Digital Life. 'Spam me no more' How effective will the anti-spam law be? Security experts give CHUA HIAN HOU their take on this long-awaited piece of legislation
May 25th 2004. CNET News.com. by Winston Chai. 'Singapore considers Anti-Spam Legislation'.
November 14th 2002 . The Straits Times. 'Hit by spam' by Tan Tarn How
November 19th 2002 . The Straits Times. 'No end in sight to spam trouble' by Tan Tarn How
Other Resources Microsoft Submission in response to the proposed Spam Control Bill
Bills from other countries
List of countries with SPECIFIC spam legislation practices:
1. Australia Specific spam law: Spam Act 2003
2. Austria Specific spam law: Austrian Legal Provisions on Direct Marketing
3. Belgium Specific spam law: Loi du 11 mars 2003 (in French)
4. Canada Specific spam law: Canada's Task Force on Spam issued a final report entitled 'Stopping Spam: Creating a Stronger, Safer Internet.'
5. China Specific spam law: “Regulations on Internet E-Mail Services” (in Chinese only)
6. Czech Republic Specific spam law: Certain information society services act
7. Denmark Specific spam law: Danish marketing practices act
8. Finland Specific spam law: Act on Data Protection in Electronic Communications (516/2004) (in Finnish only)
9. France Specific spam law: Loi du 21 juin 2004 pour la confiance dans l'économie numérique (in French only) * Article 22 of this law prohibits the sending of e-mail without specific prior consent from the addressee. Databases of legally collected details (i.e. those obtained directly from the addressee at some point in the past) may be used to send promotional materials, but in all cases a clear option to cease all further correspondence must be provided.
10. European Union Specific spam law: E-Privacy Directive
11. Greece Specific spam law: Draft law implementing Art.13 of the EU Directive
12. Hungary Specific spam law: Art. 14, Act CVIII of 2001 on Electronic Commerce
13. Italy Specific spam law: §130 Data Protection Code
14. Japan Specific spam law: The Law on Regulation of Transmission of Specified Electronic Mail (in Japanese only)
15. Netherlands Specific spam law: Dutch Telecommunications Act (in Dutch only) Article 11.7 applies specifically to spam.
16. Poland Specific spam laws Law of 18 July 2002 on providing services through electronic means (Official Journal No144, Item 1204 of 9 Sept 2002) Law of 16 April 1993 on combating unfair competition (Official Journal No 47, Item 211 as amended)
17. Portugal Specific spam law: Article 22 of Decree-Law No. 7/2004, of 7 January Law which transposes Directive 2000/31/EC (Directive on electronic commerce) of the European Parliament and of the Council of 8 June 2000.
18. Spain Specific spam law: Act 34/2002 of 11 July
19. Sweden Specific spam law: Swedish Marketing Act
20. United Kingdom Specific spam law: Statutory Instrument 2003 No. 2426
21. United States Specific spam law: CAN-SPAM Act of 2003 CAN-SPAM is an acronym for “Controlling the Assault of Non-Solicited Pornography and Marketing”. The Act sets guidelines for those who send commercial email and gives consumers the right to ask companies to stop soliciting them. It also details penalties to be enforced against those in violation of the law.
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