Electronic spamming within South Africa : a comparative analysis.

Abstract

In the context of electronic messaging, spam refers to unsolicited bulk messages. Spam creates significant problems for the recipient of these messages, from mere irritation to infringements of constitutionally guaranteed rights. In addition, spam has threatened to undermine the usefulness of email. These abovementioned negative consequences of spam are addressed by technical, legislative and industry self-regulated measures. The primary focus of this research paper is on the legislative measures adopted to combat spamming. The majority of the research will highlight and discuss the South African position and will include an elucidation and critical analysis of the practical difficulties of said legislative means. In particular direct marketing and the enforcement mechanisms designed to implement and accord strength to these measures will be discussed. Thereafter this paper seeks to explore the manner in which the judiciary has interpreted the laws relating to spamming. The South African approach will then be compared to that of the related Canadian position. In conclusion, recommendations and suggestions for improvements will be canvassed.