Legislation passed last year made it an offence to repeatedly
send junk e- mail to a person who has asked to be removed from the mailing
list.
But so far the only attempt to bring a prosecution has stalled, so the
spammers have no reason to fear any punishment if they persist.
. . .
Someone has to put some money behind this and make an example of
someone, says [Jacques van] Van Niekerk [CEO of internet marketing
company Acceleration].
Attorney Lance Michaelson doubts that any organisation will be willing to
invest time and money in such a fight in SA.
Nobody is prepared to be a test case. In the US you have the Federal
Trade Association to take up the cudgels. We have to find an organisation
willing to do it here.
. . .
The first attempt to prosecute under the ECT [Electronic Communications and
Transaction] Act was instigated in January by Barry Gill against a Cape
Town firm that sends electronic advertisements. Despite Gill's repeated
efforts to unsubscribe, the spam continued.
. . .
But, says Gill, The problem has been that the investigating officers
don't attach the same priority that I do to this crime as no one was
injured and no loss or damage
is visible.
