TRA Norms governing SMS SPAM
Article 7 of Annex 1 to the Unsolicited Electronic Communications Regulation
7.1. The Licensees shall ensure that all the requirements set out in the Unsolicited Electronic Communications Regulatory Policy and in this Annex are reflected in the terms and conditions of their Existing Messaging Services Contracts and New Messaging Services Contracts, as well as in any acceptable use policies.
7.2. Without prejudice to Article 7.1 above, and subject to Article 2.3, Licensees shall, within 6 months of the date on which this Annex will come into force "review and where appropriate, amend the terms and conditions of their Existing Messaging Services Contracts, and any acceptable use policies, to ensure that they are compatible with and reflect the requirements of the Unsolicited Electronic Communications Policy and this Annex.
7.3. Without prejudice to Articles 7.1 and 7.2 above, the Licensees shall include the following provisions in all Existing Messaging Services Contracts and New Messaging Services Contracts:
7.3.1. the Messaging Services Customer shall not initiate, send or facilitate sending Mobile Spam;
7.3.2. Consent shall be sought from Recipients in accordance with the provisions of the Unsolicited Electronic Communications Regulatory Policy and this Annex before any Marketing Electronic Communications are sent by the Messaging Services Customer;
7.3.3. effective Unsubscribe facilities shall be made available to Recipients in accordance with the provisions of the Unsolicited Electronic Communications Regulatory Policy and this Annex;
7.3.4. Mobile Text Messages containing Marketing Electronic Communication shall not be sent between the hours of 9:00pm and 7:00am;
7.3.5. the Messaging Services Customer shall not send a request to a Recipient for Consent using Mobile Text Messages or voice calls;
7.3.6. Marketing Electronic Communications using Mobile Text Messages shall not be sent to Recipients encouraging them directly or indirectly to call or send a short message or other electronic communication to a premium rate number;
7.3.7. all of the Licensee's Messaging Services Contracts shall provide that the provisions of the Unsolicited Electronic Communications Regulatory Policy and this Annex (including the provisions of this Article 7) are incorporated by reference as terms into those contracts, as applicable, and that it shall be a breach of those contracts if the customer breaches any applicable provision of the Unsolicited Electronic Communications Regulatory Policy or of this Annex (including the provisions of this Article 7). Those contracts will provide that such breaches may give rise to the appropriate penalties or liquidated damages as appropriate, and contract suspension and termination.