"Congratulations! You have won Rs 10,000 in an automated lucky draw. To claim your winning amount, write this code XXXXX in reply to this message. You will be contacted by our representative very soon" this is a factual example of a commonly received SMS by mobile users, crafted in different forms by unknown senders, who are smart enough to use effective approaches in arousing natural human desires to get rich over night.
Many of the readers of this article would, themselves, have received similar fraudulent SMSs and calls from such fake callers. As communication technologies have emerged expeditiously in the past few years, hence the number and ratio of crimes committed through the use of these technologies have also increased. The tale does not end here; easy access to Information Communication Technologies (ICTs) and availability of a variety of communication channels, is resulting into an overflow of information.
Whether it's your email account or mobile phone handset, most of the time your inbox remains out of memory storage, thanks to messages including Spam. Adding more to this, at times, you attend a phone call and the person at the other end starts talking obnoxiously and you find this useful channel of communication so extremely insecure. This fear of insecurity tends to make you demand some reliable system, which could make your communications safe and take action against the suspected originators of such unwanted communications.
Pakistan Telecommunication Authority (PTA), a Governmental regulatory body, is responsible for regulating the telecom sector of Pakistan. Since its inception, PTA has been engaged in sincere efforts to uphold its vision of Consumer Protection. Launch of Consumer Awareness Campaigns including Forums, Press Conferences, Advertising etc, Establishment of Consumer Protection Department (CPD) at its Headquarters and promulgation of "Consumer Protection Regulations 2009" are some of PTA's recent initiatives taken in this regard.
Most notably, PTA has just formulated "Protection from Spam, Unsolicited, Fraudulent and Obnoxious Communication Regulations, 2009", which specifically focus on uprooting the menace of unwanted communications. PTA has been working on these regulations since long. Extensive consultations were carried out with telecom operators, consumer groups and other stakeholders to take them on board and the feedback received from them was also incorporated in the formulation of regulations.
These regulations provide instructions for telecom operators to establish Standard Operating Procedures (SOPs) to control Spamming, Fraudulent, Unsolicited, and Obnoxious Communications within specified timeframes. Following the given time limits, the operators shall submit their SOPs for the approval of the Authority. The deadlines set to establish SOPs for Spam and Fraudulent Communications are ninety (90) days and sixty (60) days, respectively from the date of gazette notification of these regulations. These time constraints will ensure the speedy progress of the implementation process of these regulations.
Under these regulations the operators shall revise the SOP to control spamming, with the approval of the authority after every one hundred and eighty (180) days to ensure that all up-to-date and effective technical measures are being implemented to control spamming. They will also establish procedures for blacklisting of subscribers whose subscription has been terminated on the basis of fraudulent activities within sixty (60) days from the gazette notification of these regulations. In case a subscriber gets to indulge in such activities more than one time, it is mentioned in the Regulations that he/she will not be eligible for any other cellular mobile service subscription. The operators will provide an updated list of blacklisted subscribers to the authority on a monthly basis and the same shall be posted on the website of the concerned operator. This will enable easy identification of the subscribers involved in fraud through telecom services.
Another remarkable decision taken by the PTA through these regulations is the establishment of "Do Not Call Register" (DNCR) by telecom operators within ninety (90) working days from the date of gazette notification of these regulations. This will be helpful for subscribers in avoiding unnecessary and unwanted calls from telemarketers. In accordance with Part IV of the Telecom Consumers Protection Regulations, 2009, the telecom operators shall set-up a round-the-clock complaint-handling mechanism for subscribers within sixty (60) days of the notification of these regulations. This mechanism will ensure the convenience of telecom consumers in order to lodge their complaints and get them redressed.
Furthermore, all telecom operators are asked to launch media campaigns, both in the electronic and print media to educate subscribers and the general public of the available preventive and subsequent complaint mechanism for handling spamming, Unsolicited, Fraudulent, and Obnoxious Communications within sixty (60) days of the commencement of these Regulations. It has been observed that most of the mobile operators, on PTA's directions, have recently launched their media campaigns on the subject of Number Blocking Services, through their electronic and print media advertisements.
PTA has further notified, in these regulations, that the operators shall provide complete information regarding the particulars of subscribers, Telemarketers, Do Not Call Register or any aspect of any provisions under these Regulations, as and when required by the Authority. The operators shall ensure that the preventing measures and procedures available under these Regulations are available to the subscribers and published in the Consumers Manual, as specified under the Telecom Consumers Protection Regulations, 2009 within ninety (90) days of the notification of these Regulations. These regulations shall be binding and applicable on telecom operators and without prejudice, the provisions of any law for the time being in force, every operator shall ensure the confidentiality of all information disclosed by the subscribers under the provisions of these regulations.
Not only these regulations will help to minimise the number of such illegal activities through mobile communication in Pakistan, but they will also help in spreading awareness on the ways to take action against them. They will also promote the positive use of telecommunication technologies among the masses of our country who are as familiar with technology. Effectiveness of "Protection from Spam, Unsolicited, Fraudulent and Obnoxious Communication Regulations, 2009" facilitate the telecom consumers in protecting his rights, while the operators and the Regulator will also benefit from winning the confidence of telecom subscribers.