Huge win against Spammers! :) SA spammers can be named and shamed: court ruling mybroadband.co.za/news/internet/91517-sa-spammers-can-be-named-and-shamed-court-ruling.html Staff Writer ISPA’s Spam Hall of Shame can continue to list local spammers and e-mail address resellers The South Gauteng High Court recently upheld the Internet Service Providers’ Association’s (ISPA’s) right to name and shame spammers in its Hall of Shame. The ISPA Hall of Shame lists those organisations involved in sending spam, and those involved in selling e-mail addresses. Ketler Investments (trading as Ketler Presentations) brought an action against ISPA for its listing on the Hall of Shame on the basis that it was defamatory. ISPA argued that the listing was not defamatory, but if it were, it was justified. In an important and detailed judgement, Justice Spilg accepted that Ketler’s listing on the Hall of Shame was likely to affect its business reputation negatively. However, Spilg went on to argue that as a self-regulating representative body within the framework of the Electronic Communications and Transactions Act (ECTA), and with extended obligations under the Consumer Protection Act, ISPA acted legally because it was able to demonstrate that “the defamatory matter was true and that its publication was in the public interest”. The judge rejected Ketler’s argument that its listing on the Hall of Shame infringed its constitutional right to freedom of expression because it had failed to demonstrate how ISPA’s actions had affected its right to advertise. Nor had it provided evidence to demonstrate that following ISPA guidelines would have led it to incur additional costs or caused its advertising to be less effective. The judge also dismissed certain alleged procedural irregularities related to Ketler’s consent and right to be heard. “The judgment is a vindication of ISPA’s approach from a legal point of view, but it also shows that this approach is proving effective,” said Graham Beneke, chair of ISPA’s anti-spam working group. “Consumers need to be protected from unscrupulous marketers, but we also firmly believe that adhering to our guidelines makes excellent business sense.” “Today’s consumers are empowered and increasingly discerning: flooding them with spam will not make them into customers—rather the reverse,” said Beneke. ISPA defines all unsolicited bulk e-mail as spam unless there is already a prior relationship between the parties and the subject matter of the e-mail concerns that relationship, or unless the receiving party has explicitly consented to receive the communication.
Posted on: Tue, 12 Nov 2013 12:43:33 +0000
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