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“Congratulations! You have won Rs. 10,000 in an automated lucky draw. To claim your winning amount, write this code XXXXX in reply to this message. You will be contacted by our representative very soon” this is a factual example of a commonly received SMS by mobile users crafted in different forms by unknown senders who are smart enough to use effective approaches in arousing the natural human desire to get rich over the night.
Many of the readers of this article would, themselves, have received similar fraudulent SMSs and calls from such fake callers. As the communication technologies have emerged expeditiously in the past few years, hence the number and ratio of crimes committed through use of these technologies have also increased. The tale does not end here; an easy access to Information Communication Technologies (ICTs) and availability of a variety of communication channels are resulting into an overflow of information. Whether it’s your email account or mobile phone handset, most of the time your inbox remains out of memory storage, thanks to messages including Spam. Adding more to this, at times, you attend a phone call and the person at the other end starts talking obnoxious and you find this useful channel of communication so extremely insecure.
This fear of insecurity intends you to demand some reliable system which could make your communications safe and take action against the suspected originators of such unwanted communications who add a furious aspect to the telecommunication facilities.
Pakistan Telecommunication Authority (PTA) is responsible to regulate the telecom sector of Pakistan. Since its inception, PTA has been engaged in doing sincere efforts to uphold its vision of Consumer Protection. Launch of Consumer Awareness Campaigns including Forums, Press Conferences, Advertising etc, Establishment of Consumer Protection Department (CPD) at its Headquarters and promulgation of “Consumer Protection Regulations 2009” are some of PTA’s recent initiatives taken in this regard. Most notably, PTA has just formulated “Protection from Spam, Unsolicited, Fraudulent and Obnoxious Communication Regulations, 2009” which specifically focuses on uprooting the menace of unwanted communications.
These regulations provide instructions for the telecom operators to establish Standard Operating Procedures (SOPs) to control Spamming, Fraudulent, Unsolicited, and Obnoxious Communications within specified timeframes. Following the given time limits, the operators shall submit their SOPs for the approval of the Authority. The deadlines set to establish SOPs for Spam and Fraudulent Communications are ninety (90) days and sixty (60) days respectively from the date of gazette notification of these regulations. These time constraints will ensure the speedy progress of the implementation process of these regulations.
Under these regulations the operators shall revise the SOP to control Spamming with the approval of the Authority after every one hundred and eighty (180) days to ensure that all up-to-date and effective technical measures are being implemented to control Spamming. They will also establish procedures for blacklisting of subscribers whose subscription has been terminated on the basis of fraudulent activities within sixty (60) days from gazette notification of these regulations. In case a subscriber gets to indulge in such activities more than one time, it is mentioned in the Regulations that he/she will not be eligible for any other cellular mobile service subscription. The operators will provide an updated list of blacklisted subscribers to the Authority on monthly basis and the same shall be posted on the website of the concerned operator. This will enable an easy identification of the subscribers involved in Fraud through telecom services.
Another remarkable decision taken by PTA through these regulations is the establishment of “Do Not Call Register” (DNCR) by telecom operators within ninety (90) working days from the date of gazette notification of these regulations. This will be helpful for the subscribers to avoid receiving unnecessary and unwanted calls from telemarketers. In accordance with Part IV of the Telecom Consumers Protection Regulations, 2009, the telecom operators shall setup a round the clock complaint handling mechanism for subscribers within sixty (60) days of the notification of these regulations. This mechanism will ensure the convenience of telecom consumers in order to lodge their complaints and get them redressed. Furthermore, all telecom operators are asked to launch media campaigns both in electronic and print media to educate subscribers and general public of the available preventive and subsequent complaint mechanism for handling Spamming, Unsolicited, Fraudulent, and Obnoxious Communications within sixty (60) days of the commencement of these Regulations. It has been observed that most of the mobile operators, on PTA’s directions, have recently launched their media campaigns on the subject of Number Blocking Service through their electronic and print media advertisements.
PTA has further notified in these regulations that the operators shall provide complete information regarding the particulars of subscribers, Telemarketers, Do Not Call Register or any aspect of any provisions under these Regulations as and when required by the Authority. The operators shall ensure that the preventing measures and procedures available under these Regulations are available to the subscribers and published in the Consumers Manual as specified under the Telecom Consumers Protection Regulations, 2009 within ninety (90) days of the notification of these Regulations. These regulations shall be binding and applicable on the telecom operators and without prejudice provisions of any law for the time being in force, every operator shall ensure the confidentiality of all information disclosed by the subscribers under the provisions of these Regulations.
Not only these regulations will help to minimize the number of such illegal activities through mobile communication in Pakistan but they will also help in spreading awareness on ways to take action against them. It will also promote the positive use of telecommunication technologies among technologically less familiar masses of our country. Effectiveness of “Protection from Spam, Unsolicited, Fraudulent and Obnoxious Communication Regulations, 2009” is foresighted on all the levels as it will facilitate the telecom consumer in the form of protecting his rights, at the same time, the operators and the Regulator will also get benefited by winning confidence of the telecom subscribers on assuring quality of services to them.
Article written by Zeeshan Alvi for MORE magazine December 2009 edition
