A Research On Legislation And Regulation Of Advertisement SMS Spam

With the development of market economy, advertising has been an important approach for enterprises to propagandize their service, products and recognition. As a newly born publicity form, Short Message Service has been an indispensable marketing strategy in the market economy. In despite of its convenience and pleasure, the SMS has also brought consumers a lot of troublesome legal issues due to its recklessness, causing disorder to people’s daily life. Therefore, based on the legal regulation on advertisement SMS spam in China, the author theoretically analyses problems in it and researches the related laws abroad, trying to explore the method of advertisement SMS spam governning from the legal perspective, and protect consumers’legal interests from illegal disoperation. There are four sections in this article:In section one, the current situation of legal regulations of advertisement SMS spam in China is expounded, where legal questions are analysed and detriments of advertisement SMS spam are stated.In section two, the theories concerning legal regulations of advertise-ment SMS spam are analysed. Firstly, the basic notions with regard to advertisement SMS spam are analysed. By elaborating the concepts and characteristics of advertisement SMS spam, the author finally puts up its defination. Secondly, the author analyses the reasons why advertisement SMS spam are so rampant in China, and pointed out the legislative oversight, lack of supervision and short of punishment as the main causes. Thirdly, the related tort matters are analysed.In section three, the legal systems concerning advertisement SMS spam in some developed countries and regions are stated, especially the laws in USA and EU.In section four, the countermeasures and advice on advertisement SMS spam regulation are put forward on four aspects. Firstly, specialised laws and regulations should be formulated, including definations of some concepts, obligations of each department, improvement of criteria, strictness of autonym registration system, enhancement of legal liability and rising illegality costs. Secondly, the Advertisement Law and other related laws should be perfected. Thirdly, we should innovate technologies and enhance regulations. The telecom operators should be exerted with more obligations of supervision and control. And the regulations and punishments on advertisement SMS spam should also be strengthened. Fourthly, more publicity to the legal system should be given, in order to decrease advertisement SMS spam and even eliminate them, creating a tidy and convenient envrionment for advertisement SMS.