SMS Service Regulations for the UK, AUS and South Africa

Use an SMS service to stay in touch with international website visitors and customers – but be sure you play by the rules at all times.

Various authoritative bodies around the world regulate business-to-consumer mobile SMS service communication. After all, we’ve burned ourselves pretty badly with email, and one wouldn’t like to see the same happening to SMS. As Alan Chapell, President of Chapell&Associates, so adequately put it:

“It seems an unfortunate fact of the industry that new technologies sometime lead marketers to go, well, a little overboard (I’m pretty sure everyone remembers back when the X10 camera pop-ups climbed the Nielson charts like some power pop trio).  This type of assault can lead consumers to reject a perfectly legitimate ad medium simply because their preliminary interactions with that medium are negative.”

From: Mobile Marketing Association

Luckily for the average business owner or marketer, nowadays regulations and a bit of common sense help us avoid the pitfalls of ‘overdoing’ it, which means that utilising your SMS service to its highest isn’t too hard. Below you’ll find a bit of information and links to the appropriate authorities regarding SMS in three different countries. Should you wish a more comprehensive overview, read the No SPAM policy.

South Africa

Regulated by the Electronic Communications and Transactions Act of 2002, running an SMS service whereby mobile owners in South Africa form the target market is perhaps less strict than some other countries. It refers to electronic commercial communication and allows unsolicited mobile messaging, on condition that the recipient of the communication must have the ability (and be made aware of) to opt out and also provide the source where his or her contact details were obtained upon request.

But this doesn’t mean unsolicited messaging is an acceptable practice – companies who engage in it might find themselves in trouble for a number of other reasons, some of which include damage to their brand and therefore a decline in business.  It is always recommended that ‘Best Practice’ and ‘Codes of Conduct’ guidelines be followed. Refer to the No SPAM policy page for suggested reading material.

Related post: Managing Bulk SMS Opt-in

United Kingdom

Commercial text messaging in the United Kingdom is regulated by The Privacy and Electronic Communications (EC Directive) Regulations 2003. Unlike South Africa, these regulations are a bit more comprehensive and, as such, I’d seriously recommend that you read this post, entitled Bulk SMS Regulations in the United Kingdom for concise (yet informative) explanation to ensure that your SMS service is run according to legislative requirements.

Additionally, feel free to refer to the No SPAM policy page for more information on acceptable codes of conduct with regards to the implementation of an SMS service.

Australia

The Spam Act of 2003 defines SPAM as “unsolicited commercial electronic messaging”, and focuses on three steps that must be taken by businesses who wish to implement a business-to-consumer SMS service. These three steps are pretty self-explanatory and are rather appropriately named:

1. Consent (Always have consent of the recipient)
2. Identify (Your message should identify you clearly and in no uncertain terms)
3. Unsubscribe (Your messages must have an unsubscribe facility).

While those with a legal mind might find the Spam Act of 2003 pretty straightforward, it could prove to be a troublesome read for the legal layman. The simplified and easy to understand version can be found on the No SPAM policy page, or by simply clicking the Spam Business Practical Guide link.

It’s All About Best Practices…

That being said, it’s important to keep in mind that the above regulations have been implemented to protect the average consumer from unsolicited messaging. And, believe it or not, following the appropriate measures will not only benefit your business, but ensure that your customers keep on loving you.

For more information, refer to our SMS service page.

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Tags: Electronic Communications and Transactions Act of 2002 ZA, mobile spam, Privacy and Electronic Communications Regulations UK, SMS Service, solicited SMS, Spam Act of 2003 AU, unsolicited SMS