NCA issues draft guidelines to streamline promotional messages from telcos

The National Communications Authority (NCA) of Ghana is taking steps to reduce the flood of unwanted promotional text messages sent to telecom subscribers. The NCA has released a draft document with proposed guidelines to regulate how telecommunications companies and their partners send messages to subscribers. The public is invited to review the draft and provide feedback.

“The guidelines aim to establish industry standards for the transmission of promotional messages, ensuring they are sent transparently, ethically, and legally,” the NCA stated on its website.

The NCA acknowledges that many of these messages are unsolicited, violating consumer rights and causing inconvenience. Protecting consumers is a priority, and the draft guidelines outlined in Section 3 of the document which include;

• Regulate the increasing spate of network promotional messages transmitted to consumers
• Protect and promote consumer rights and interests
• Reduce the frequency of receiving promotional messages
• Manage the practice of transmitting the same promotional messages on the same subject within a short time frame
• Ensure Service Providers harmonise their sender names and shortcodes and
• Provide consumers with a choice to opt in or out voluntarily from receiving these messages

Section 5.1.6 of the draft guidelines outline that “Service providers shall streamline and categorise messages to enable consumers to identify the name of the service provider, the type of message being transmitted and the Sender ID,” while Section 5.1.7 says “Service providers shall ensure that shortcodes are embedded in the transmission of Network Promotional Messages.”

This means no telecommunications network or third-party organizations can send messages to consumers without identifying themselves and stating the shortcode from which the message is coming.

On subscribers receiving promotional mobile money messages from telcos, section 5.3.2 of the NCA’s draft guidelines said that “Service providers shall ensure that Mobile Money related messages are transmitted via the registered sender name and are strictly transactional and devoid of any promotional messages.”

A call for public views of the draft guidelines

The NCA said it values public involvement and transparency in regulating the electronic communications industry, recognizing the public’s interest in proper regulation.

“In accordance with Section 4.1 of the National Telecommunication Policy (2005) and Section 5(h) of the National Communications Authority Act, 2008, Act 769, the NCA is therefore inviting public views and comments on the draft guidelines, which is accessible on the Authority’s website, www.nca.org.gh,” it said.

In view of this, from 2nd August, 2024 to 19th September, 2024, all stakeholders are to study the draft guidelines and provide their feedback, which should be electronically sent as e-mail attachments, in Microsoft word format to [email protected]. All respondents are also requested to complete a response cover sheet (annexed A).

The full draft of the NCA guidelines can be downloaded here.