Legal Consideration On "Trash Message"

In recent years,along with the "thumb economy" - the mobile phone business message development,many trash messages are also coming.As the city streets "psoriasis",these cell phone "psoriasis" are also beset with hundreds of millions of mobile phone users.Even as the focus though CCTV in 2008 "3.15",trash message is still popular.Since April 2008 the establishment of 12,321 bad rubbish network information centers,it has received 996,877 reports information from April 2008 to 2009 February 31 total.Even more unexpected is that the CCTV in 2009,"3.15" event once again put the trash message targeting.Over the past few years,the department is continually monitoring the trash message,but the effect is far from satisfactory.What is the reason? Where is the solution of the problem? In this context,in a legal point,this article analyzes reasons,and give corresponding countermeasures and suggestions.The full text is divided into three parts:Partâ… :the problem.According to analysis the relevant statistical data and the event of trash message exposing in 2008,2009 "3.15",showing the current situation of the spread of litter message,and on this basis to extract the subject of this article,that is rubbish message consider the proliferation of laws.Partâ…¡:Analyze the reasons of the proliferation of trash message.First of all,because of the current law have not yet accurate definition to the trash message,therefore,this article summing up the characteristics of trash message,and refine the definition.Then,on the combination of real life and the "3.15" exposure of trash message,analyze the underlying causes,it is three reasons.First,at this stage,the laws and regulations about trash message are not sound,it is difficult to be effective regulation.Second,"Consumer Protection Act" is not an effective regulatory system for business people divulge personal information of the consumer behavior and the missing of "Personal Information Protection Law"" provide a conducive environment for the trash industry chain.Third,the article concludes with enterprises as carriers of the message channel providers should be duty-bound to assume the responsibility of society to provide users with smooth,safe message network services. However,before the temptation of benefits,the enterprises often neglect to take up social responsibilities,which encourage the proliferation of trash message.This part analyze the lack of social responsibility performance of the telecom operators and the reason and make up to strengthen the telecom operators of social responsibility with legislation. Partâ…¢:Strategies and recommendations related.Based on the reason for the proliferation of litter message analyzing in the second part,there are three aspects of the corresponding countermeasures and suggestions.First of all,we should establish and improve laws and regulations to regulate the trash message effectively,including formulating specific laws regulation for the trash message and improving the "Advertisement Law" to improve the implementation of the garbage ads;.The second is improving the "consumer protection act" to bound business conduct;At the same time we should be quickly followed by introduction of "Personal Information Protection Law" to cut off the industrial chain of trash message;Finally, we should strengthen the social responsibility of telecom operators from four areas.That is, enhancing the responsibility of technology development,enhance the duty of regulation and dealing with trash messages,enhance security management responsibilities of information for cell phone carriers to users,enhance the punitive duty liability and penalties of telecom operators.