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LML4810 Assignment 02
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LML4810 Assignment 02. LML4810 - Legal Aspects Of Electronic Commerce
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LML4810Assignment 02
, ASSIGNMENT 02:
Question 1
1.1. The Scenario given describes an Act know as a “SPAM”. Spam is generally
defined as unsolicited Commercial Electronic Communications, received
either through e-mail, SMS or electronic junk mail.
- The ECT Act was originally the only legislation directly regulating spam in
South Africa and in section 45 it refers to spam as “unsolicited commercial
electronic communications sent to consumers”. However as of 1 April 2011
the CPA became applicable in South African law and has very specific
provisions that relate to “direct marketing”. The CPA has not repealed section
45 of the ECT Act and therefore the two Acts concurrently regulate aspects of
spam, unsolicited electronic communications, or direct marketing1
- For instance, in the in the United States and Australia, spam is referred to as
unsolicited Commercial electronic message (UCE)2 In New Zealand it is called
unsolicited electronic message (UEM)3, In the EU it is referred to as
unsolicited bulk or broadcast e-mail (UBE)4, and in South Africa it is called
Unsolicited Commercial Communications (UCC) by the Electronic
Communications and Transactions Act (‘the ECT Act’)5.
- The Word “unsolicited” implies that there is either no prior relationship
between the sender of the SPAM and the recipient, or at the very least, that
the recipient has not consented to receiving a communication6.
1.2. SPAM under the ECT7 Act
- Section 45 of the ECT Act regulates (does not prohibit) the sending of
unsolicited commercial electronic communications to consumers. In terms of
this section, senders are firstly required to give the consumer the option to
1 Papadopoulos “Are we about to cure the scourge of spam? A commentary on current and proposed South
African legislative intervention” (2012) 75 THRHR 223-240
2 TLADI “The Regulation of unsolicited commercial communications (SPAM): is the Opt-Out mechanism
effective?” (2008) 125 (1) SALJ 178-192
3 TLADI “The Regulation of unsolicited commercial communications (SPAM): is the Opt-Out mechanism
effective?” (2008) 125 (1) SALJ 178-192
4 TLADI “The Regulation of unsolicited commercial communications (SPAM): is the Opt-Out mechanism
effective?” (2008) 125 (1) SALJ 178-192
5 TLADI “The Regulation of unsolicited commercial communications (SPAM): is the Opt-Out mechanism
effective?” (2008) 125 (1) SALJ 178-192
6 TLADI “The Regulation of unsolicited commercial communications (SPAM): is the Opt-Out mechanism
effective?” (2008) 125 (1) SALJ 178-192
7 The Electronic Communications and Transactions Act 25 of 2002
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