Legislation

Spamming is not regulated in Mauritius . However, the problem of spamming is, indirectly dealt with under the Data Protection Act 2004 (the "Act" ). When one speaks of 'spam', the term is generally used to refer to unsolicited bulk messages, usually transmitted to a large number of recipients via electronic mediums, such as electronic mails. The Act deals with the processing of personal data for direct marketing.

According to the Act, personal data must be collected fairly, for specified purposes, and processed in a fair and lawful manner in line with those stated purposes. The definition of personal data is sufficiently wide to catch the email addresses of living individuals, however those email addresses are reprocessed. Email addresses often contain the user's name as well as information on the country of residence or the service provider. The definition of processing is sufficiently wide to include the steps that have to be carried out to send emails to people with those addresses.

Under the provisions of the Act, a person may, at any time, request by notice in writing a data controller who holds personal data about him, to stop or not to begin, the processing of such data or information for the purposes of direct marketing.

Whenever a data controller receives such a request he shall, as soon as reasonably practicable and in any event not more than 28 days after the request has been received either erase the data where the data is kept only for the purposes of direct marketing or, stop the processing of the data for direct marketing where the data is kept for direct marketing and other purposes.

Some countries have come up with a specific legislation on spam so as to clearly define spam and provide the enforcement body with the powers necessary to combat such. Sample of laws and regulations adopted by major jurisdictions around the world along with the directive for the European Union is listed for your reference.

Australia

Spam Regulations 2004 Statutory Rules 2004 No. 56

Spam Act 2003 Act No. 129 of 2003 as amended

European Union

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data

United Kingdom

Electronic Communications 2003 No. 2426, The Privacy and Electronic Communications (EC Directive) Regulations 2003

United States

- National US Spam Legislation

Public Law 108-187-Dec. 16, 2003, Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003'', or the ''CANSPAM Act of 2003''

- State Laws: Washington

Revised Code of Washington, Title 19. Business Regulations - Miscellaneous, Chapter 19.190. Commercial Electronic Mail (as amended by 2003 Acts ch. 137 (H.B. 2007))