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1. Requirements for Compliance with Spam Control Regime
Singapore ’s Spam Control regime provides a framework in which spammers – be it through e-mails or the mobile phone – must follow. Some of these guidelines include the use of labels <ADV> to mark a message as spam, and to offer an unsubscribe option. Non-compliance with these requirements could result in civil penalties for the spammer.
The use of dictionary attacks or address harvesting software to spam is strictly prohibited under the regime. Persons who authorise the sending of these non-compliant spam will also be subject to the same civil penalties.
2. Unsubscribe Facility
To comply with the regime, each spam must have:
a)Contact information - That can be in the form of an e-mail address, an Internet location address, a telephone number, a facsimile number or a postal address that a recipient can use to submit an unsubscribe request. It is strongly suggested that this contact takes the same form as the spam message itself – an e-mail spam should offer an unsubscribe facility through e-mail, while a mobile SMS spam should offer a reply via the recipient’s cellphone.
c)Clear statement – This will state explicitly for the recipient that he or she could use the above contact to submit an unsubscribe request. This statement should be in English. But if the statement is presented in two or more languages, the English language shall be one of the languages.
The above contact should be a valid contact for at least 30 days, that could receive unsubscribe requests from recipients of spam. The use of this contact should not cost the sender of unsubscribe request more than the usual cost of using such a contact.
Once an unsubscribe request is submitted, the spammer should remove the recipient’s electronic mail address or mobile phone number from the mailing list within 10 business days.
Anyone who receives the unsubscribe request should not disclose the information to others, except with permission from the sender of the unsubscribe request.
3. Labelling and Other Requirements
Responsible marketing includes the simple courtesy of correctly informing the recipients about the content of the message. So, each spam should include
a) Correct and not misleading title in the subject field of the message, if the message has a subject field.
b) <ADV> before the title of the message, or in the case where there is no subject field, before the actual content of the message.
c) Correct and non-misleading header information where applicable.
d) An accurate and functional e-mail address or telephone number by which the spammer could readily be contacted.
4. Civil Recourse Against Non-compliant Spammers
If you have suffered loss or damages as a result of the transmission of non-compliant spam, you could also seek legal recourse against the spammer. This takes the form of a civil action against the spammer in court. You could also seek civil action for those who authorise the sending of non-compliant spam.
If successful, the court could grant injunction, damages, and statutory damages. Statutory damages that could be awarded would be up to S$25 per non-compliant spam, up to a maximum of S$1million. If you wish to claim damages beyond S$1million, you could opt for grant of actual damages instead. In addition, the court can order the spammer to pay for the costs and expenses of the legal proceedings.
Direct Marketing Association of Singapore Guidelines for Using Commercial Electronic Messages
Tips on things to do and to avoid when sending solicited bulk e-mail.
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