Hong Kong government Friday launched public consultation on the
legislative proposals to contain the problem of unsolicited
electronic messages.
Highlighting key aspects of the proposed Unsolicited Electronic
Messages Bill at the InterChambers of Commerce luncheon Friday,
Hong Kong's Secretary for Commerce, Industry and Technology John
Tsang said it would only regulate electronic messages of a
commercial nature, ensuring that regulation is needs-driven.
Non-commercial communications from governments, political
parties, religious groups, charities or individuals will not fall
within the Bill's ambit, Tsang said.
In view of technology's rapid development, the bureau proposes
adopting a technology-neutral approach and bringing generally all
types of electronic messages within the ambit of the Bill.
"This will not only bring the notorious spamming problem areas,
such as e-mail, fax and pre-recorded voice messages, within the
regulatory framework, but will also cater for new types of
electronic messages that may spring up in future in response to
technology and service developments," Tsang said.
Since Hong Kong salespeople regularly make personal phone calls
to promote certain products or services, and this practice is
generally accepted as normal and legitimate marketing, the bureau
proposes excluding normal person-to-person telephone calls from the
Bill's ambit.
Tsang said the proposed regulation has adopted the "opt-out"
regime after thorough consideration, which requires senders of
commercial electronic messages to stop sending further such
messages to a recipient if the recipient asks them to.
"An 'opt-out' regime would provide companies with room to
promote their products, and in turn facilitate the development of
small and medium sized enterprises. It also provides opportunities
for recipients to browse through promotion information before
deciding whether to receive further messages," Tsang said.
Investigations will be based on complaints. Victims can seek in
court remedies from the spammer within six years. Convicted
spammers are liable to a maximum fine of 100,000 HK dollars
(US$12,903), and 1,000 HK dollars (US$129) per day for repeated
offenses.
(Xinhua News Agency January 21, 2006)