Spam call crackdown in South Africa

The Information Regulator is tackling the issue of unsolicited spam calling in South Africa by slapping offenders with enforcement notices, which carry hefty fines if not adhered to.

Despite this, many of the political parties who participated in the 2024 National Elections are guilty of spamming residents with calls without consent to promote their campaigns.

The Information Regulator revealed its plans to crack down on spam calling in South Africa in February 2023, when chair Pansy Tlakula said her organisation had completed a direct marketing guidance note.

The changes include adding a telemarketing clause within Section 69 of the Protection of Personal Information Act (POPIA).

Previously, there was uncertainty about whether the law defined telephone calls as a part of electronic communication, providing a loophole for telemarketers to call South African residents without consent.

Tlakula said the issue isn’t that these companies call consumers for marketing, which is allowed, provided certain conditions are met.

The problem is that they continue to spam people with calls even if they’ve declined previous communications.

“If you decline the communication, they should stop, but they don’t stop,” said Tlakula, adding that she, too, is getting frustrated with the situation.

The Information Regulator issued an enforcement notice in February 2024 to FT Rams Consulting, the first offender it identified.

It instructed the firm to stop sending unsolicited direct marketing messages via any form of electronic communication without consent from the recipient.

FT Rams Consulting must request consent in the first communication it sends, and each person can only be asked once.

It has 90 days to comply with the instructions and provide proof. If it fails to do so, its directors will face a fine of R10 million or jail time of up to 10 years.

“Should the responsible party fail to adhere to the instructions in an enforcement notice, this may result in us issuing an infringement notice which carries a fine of up to R10 million and/or imprisonment,” the Information Regulator previously told MyBroadband.

It said it had identified 14 other potential offenders for POPIA or Promotion of Access to Information Act (PAIA) transgressions.

“The other enforcement notices (both on compliance with POPIA and PAIA) issued thus far in this year are TransUnion (POPIA), the Department of Forestry, Fisheries and Environment (PAIA), and FT Rams (POPIA),” it said.

The Information Regulator issued a new guidance note on how political parties can use voters’ personal information in the run-up to the 2024 elections.

Despite this, many are still guilty of campaigning via phone calls without user consent.

The regulator said the note is based on recent changes in electoral law, increasing instances of security compromise to personal information, and increasing risks relating to misinformation and disinformation.

Critically, it specifies that political parties and independent candidates must collect personal information directly from voters if they wish to use it for campaigning purposes.

“It also prohibits the supply of personal information that has been collected for campaigning purposes to third parties without the consent of a voter,” the regulator added.

The note requires parties and independent candidates to investigate any instances of misinformation and disinformation relating to their campaigns.

They must also take disciplinary action against staff found guilty of engaging in these practices.