First published: 09th May 2013
Hong Kong's Office of the Communications Authority (OFCA) is responsible for administering and enforcing the Unsolicited Electronic Messages Ordinance (UEMO) and has established three Do-Not-Call registers. The registers allow a user to opt out from receiving commercial electronic messages, by voice, fax or short message, at a telephone / fax number from all senders.
Recently, the WhatsApp smartphone application has become popular for sending and receiving text messages. The app did not exist when the UEMO became law, or when OFCA established the Do-Not-Call registers, and descriptions of the registers on OFCA's website specifically mention SMS and MMS messages. The UEMO itself was intended to be technology-neutral, but subsidiary rules and guidelines address technology-specific differences.
On the 5th May, an information security consultant asked OFCA to clarify whether the do-not-call register relating to "short messages" also applies to WhatsApp etc. In an email reply, OFCA responded,
The Unsolicited Electronic Messages Ordinance ("UEMO") regulates the sending of commercial electronic messages ("CEMs") that has a Hong Kong link over a public telecommunications service to an electronic address, such as pre-recorded voice messages, SMS messages (including messages sent through mobile messaging applications like WhatsApp), faxes and emails. A message will be considered as a "commercial" message if it aims at advertising or promoting services or products, etc. A copy of the UEMO can be found in http://www.gld.gov.hk/egazette/pdf/20071122/es1200711229.pdf.
Under the UEMO, three Do-not-call ("DNC") Registers are established covering fax ("the Fax Register"), short messages ("the Short Message Register") and pre-recorded telephone messages ("the Pre-recorded Register"). Section 11 of the UEMO stipulates that sender must not send CEMs to electronic addresses registered in the DNC registers from the 10th working day starting from the registration date, unless prior consents from the registered users of the electronic addresses have been given. By registering the number onto the DNC Registers, the user in effect has opted for not receiving further CEMs of that category at the registered number from all senders except those to whom consent has been given.
OFCA also gave advice on registering a number on the DNC registers and reporting a contravention of the UEMO.
Yui Kee Chief Consultant Allan Dyer commented, "New messaging services generally have a short 'honeymoon' period when they are fast and useful, then they gradually fill up with unwanted marketing messages. OFCA's decision to take a broad definition of 'short message' gives WhatsApp users a critical opportunity to fight back against degradation of the service.".