NCA Seeks Public Input on Draft Guidelines to Regulate Promotional Messages from Telcos
The National Communications Authority (NCA) has opened a public consultation on its Draft Guidelines for the Management of Network Promotional Messages, aimed at safeguarding consumers from unwanted promotional content sent by telecommunications companies and their partners.
In recent years, consumers have expressed frustration not only with unsolicited paid subscriptions but also with the barrage of promotional messages that clutter their inboxes.
These messages, often sent by telcos or third-party entities, can be especially bothersome when they mimic Mobile Money notifications, leading to unnecessary anxiety.
The NCA’s proposed guidelines seek to establish clear industry standards for the transmission of these messages, ensuring they are sent transparently, ethically, and within legal boundaries.
The guidelines also emphasize protecting consumer rights by introducing robust opt-in and opt-out mechanisms, regulating the frequency and timing of messages, and standardizing sender identification names and short codes for easier recognition by consumers.
Key objectives outlined in Section 3 of the draft guidelines include:
1. Regulating the surge in promotional messages sent to consumers.
2. Protecting consumer rights and interests.
3. Reducing the frequency of promotional messages.
4. Managing the repetition of identical promotional messages within a short timeframe.
5. Ensuring service providers harmonize sender names and shortcodes.
6. Providing consumers with the option to voluntarily opt-in or opt-out of receiving such messages.
A notable issue highlighted by the NCA is the practice of third-party organizations accessing consumer details and sending messages without proper identification.
The draft guidelines address this in Section 5.1.6, which mandates that service providers categorize messages to allow consumers to identify the sender, the type of message, and the associated short code.
Section 5.1.7 further stipulates that short codes must be embedded in the transmission of all network promotional messages, ensuring that no telco or third party can send messages without proper identification.
Specifically concerning Mobile Money, the guidelines in Section 5.3.2 prohibit the transmission of promotional messages via Mobile Money channels, mandating that these communications be strictly transactional and sent under registered sender names.
The NCA has underscored the importance of public participation in this regulatory process. The consultation period, which began on 2nd August 2024, will run until 19th September 2024.
During this time, the NCA is encouraging all stakeholders—including service providers, consumer advocacy groups, and the general public—to review the draft guidelines and submit their feedback.
