Telcos face court action over unsolicited messages

The Forum for an Excellent Ghana (a civil society group), is threatening to sue the various telecommunication operators for sending unsubscribing messages to their customers.

According to the group, the telcos have been flooding their phone inboxes with unwarranted daily messages.

The group stated that Glo Mobile Ghana has persistently been sending its customers sms-advert of a comedy TV series ‘Prof JohnBull and Twin Bash for the past 31 days.

In a statement issued by the General Secretary of Forum for an Excellent Ghana Earl Teddy Nartey, it cited that Vodafone Ghana, also sends its members similar unrequested sms-advert dubbed ‘INFOTAINMENT’, and unduly end up deducting customers’ credit.

This, the group says is in blatant contravention of the Electronic Transactions Act of 2007, ACT 772, particularly, Sections 50(1) & (5).

They are calling on officials of Glo and Vodafone to apologise and desist from further sending unrequested electronic messages to its members and the general public or face court action.

‘It is an offence in Ghana to be engaged in your instant act of sending us/customers, unsolicited text/electronic messages of commercial import. We are requesting Glo, Vodafone and other telcos, to consider its call, as a fair notice and apologise duly within two weeks- according to the law or face a legal determination,’ it warned.

Read details of the statement by the group:

PRESS RELEASE: The Forum for an Excellent Ghana

GLO MOBILE, VODAFONE, OTHERS FACE COURT.

The Forum for an Excellent Ghana (a civil society group), has called on the Management of Glo Mobile, to apologise and desist from further sending unrequested electronic messages to its members and the general public. This, the group says is in blatant contravention of the Electronic Transactions Act of 2007, ACT 772, particularly, Sections 50(1) & (5).

According to the General Secretary of Excellent Ghana, Mr. Earl Teddy Nartey, Glo’s persistent way and manner of sending sms-advert of ‘Prof Jon Bull’ and even ‘Twin Bash’ for the past 31 days to its members especially after unsubscribing (though unrequested, in the first place) is offensive, in law.

Mr. Nartey, asked Glo’s Management to furnish the Group with the legal basis for giving out customer details, as contact numbers, to Content Providers and or Value Added Service partners?

According to Excellent Ghana, other operators as Vodafone Ghana, have also not only been sending its members similar unrequested sms-advert as ‘INFOTAINMENT’, but unduly end up deducting credit of customers. This, the group says is retarding the march to an Excellent Ghana.

The statement therefore, request Glo and other telcos, to consider its call, as a fair notice and apologise duly within two weeks- according to law or face a legal determination, of the matter. Excellent Ghana again calls on the National Communications Authority, to act decisively, in monitoring and sanctioning such offensive conducts by operators.

Section 50 (1) of the Electronic Transactions Act says “Except in the case of a notice sent by an electronic communications provider to a customer in relation to the service, a person shall not send unsolicited electronic communications to a consumer without obtaining the prior consent of the consumer.”

Accordingly, section 5 of the same Act holds, that “A person who sends unsolicited commercial communications to another person or who continues to send unsolicited commercial communications after cancellation of the subscription commits an offence and is liable on summary conviction to a fine or not more than five thousand penalty units or a term of imprisonment of not more than ten years or to both.”

These provisions, Excellent Ghana believe, are being successfully flouted by Glo, Vodafone and other operators, much to the emotional distress of consumers.

Forum for an Excellent Ghana is a civil advocacy group focused on upholding the 1992 Constitution of Ghana and protecting Ghana’s unique positive norms and traditions for sustainability.

Excellent Ghana aims also at helping preserve the sanctity of all public offices and functions including the individuals holding such offices.

Cc: National Communications Authority

Excellent Law Chambers, Kwadaso, Kumasi

SIGNED

Earl Teddy Nartey

General Secretary

0244 716 988 / 020 706 2355

26TH September 2016

www.facebook.com/Excellent Ghana

excellentghana@gmail.com

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