Emerging Electronic Means Used for Sending Commercial Electronic Messages

As technology evolves and new services emerge, means for sending commercial electronic messages (CEMs) are no longer confined to the more conventional modes, like the telephone, fax, short messages or emails. There have been public concerns about whether the Unsolicited Electronic Messages Ordinance (UEMO) is applicable if the CEMs are sent using other non-conventional means as via -

• mobile messaging applications (apps in short) such as "WhatsApp", "Viber" and "TalkBox", which have become very popular with users of smartphones or tablets; and
• advertisements, unsolicited ones, posted by broadband service providers onto the web browsers of their customers during service connections.

Well, our answer is, a definite "yes" to both questions. This is so as the UEMO adopts a technology-neutral approach in regulating the sending of CEMs.

UEMO Adopts a Technology-Neutral Approach

The UEMO regulates the sending of CEMs that have a "Hong Kong link". In general, a CEM has a "Hong Kong link" if the message -

1. originates in Hong Kong;
2. is sent to a Hong Kong telephone or fax number;
3. is accessed using a telecommunications device (including desk telephones, mobile phones, tablets and PCs) located in Hong Kong; or
4. is sent to an electronic address whose registered user is an individual or an organisation carrying on business or activities in Hong Kong when the message is accessed.

A message is considered as a "commercial" message if it aims at advertising or promoting services, products, land, investment opportunity etc. It does not include person-to-person calls.

The UEMO adopts a technology-neutral approach on CEMs, which means that all CEMs senders are required to comply with the requirements of the UEMO irrespective of the electronic means which they deploy to send the CEMs. The requirements include the following -

1. to provide accurate sender information;
2. to provide unsubscribe facility;
3. to honour unsubscribe request within 10 working days; and
4. not to send CEMs to an electronic address which has been listed in any relevant do-not-call register.

Reports to Communications Authority

If you suspect that a particular sender who sent you a CEM using non-conventional electronic means (including the use of apps such as "WhatsApp", "Viber" and "TalkBox") is in contravention of the UEMO, you may lodge a report using our online form (available at https://www.ofca.gov.hk/en/consumer_focus/guide/others/uemo/how_to_report/uem_form/index.html) and provide the necessary information as set out in the forms so that we may take effective and efficient follow up action.