Unsolicited Electronic Messages Ordinance - Phase II

Phase II of the Ordinance regarding the rules for sending commercial electronic messages will come into effect on 22 Dec 2007.

Details of the offences are summarised as below:

Part 2 of the UEMO - Contravening any rules for sending commercial electronic messages. A sender of commercial electronic message shall:
  • not hide the calling line identification (CLI) when sending messages to telephones;

  • not send out email messages with misleading subjects;

  • identify oneself and provide contact information;

  • offer a way for recipients to unsubscribe from receiving further messages and honour such requests within 10 working days; and

  • not send commercial electronic messages to electronic addresses registered in the do-not-call registers unless consents have been given by the recipients to receive those messages.

Note: Do-not-call registers will be established by OFTA (available towards the end of 2007). Do-not-call registers are registers of electronic addresses such as phone, fax and SMS/MMS numbers. Their purposes are to provide:

  1. registered users of electronic addresses with a convenient means by which they may notify senders of commercial electronic messages that they do not wish to receive such messages; and

  2. senders of commercial electronic messages with a convenient means by which they may ascertain whether a registered user of an electronic address does not wish to receive unsolicited commercial electronic messages at that electronic address.