Recent media reports indicate that SMS spam gives rise to a significant number of complaints from mobile customers in the UAE. According to leading internet security company, Symantec, almost three in four emails in the UAE are unwanted marketing communications or malicious spam attacks. Both Etisalat and du have facilities to allow customers to opt-out of receiving SMS spam and to block third party SMS spam. However despite this, it can be difficult for providers to block SMS spam sent by third parties outside the UAE where the source is not identifiable. In this article, Fiona Tyas and Ben Smith of Clyde & Co's Technology, Media and Telecommunications Group discuss recent anti-spam developments in the UAE and look back at the TRA's 2009 anti-spam policy.

Recent media reports indicate that the UAE Telecommunications Regulatory Authority (TRA) receives a significant number of complaints from mobile customers about unsolicited electronic marketing communications via mobile phone (SMS Spam) and SMS Spam that is received between the prohibited hours of 9pm and 7am.

According to leading internet security company, Symantec, almost three in four emails in the UAE are mass unsolicited electronic marketing communications (Spam) or malicious Spam attacks, including viruses and attempts to trick users into divulging personal information.  According to Symantec's Intelligence Report published in September 2012, the global ratio of Spam in email traffic rose by 2.7% since August 2012 to 75%, with Saudi Arabia and Qatar appearing in the top 5 countries with the highest ratios of Spam. As well as often being for the purposes of phishing and distributing malware, spam can slow down company networks and overwhelm the email servers of smaller businesses.

In the UAE, the TRA issued a policy in 2009 applicable to telecommunication service providers, requiring them to take all practical steps to minimise SMS Spam, including SMS Spam sent by telecommunications service providers (acting on behalf of themselves and their advertising clients) and by third parties.

The UAE improved its ranking from the 36th worst affected country in 2010 to 46th in 2011.  However, Symantec has warned that the threat of Spam is growing, with a particular focus on mobile devices due to the ever-increasing use of smart phones and the frequency of unlimited SMS packages. 

Both Etisalat and du strive to filter Spam messages and have facilities in place to allow customers to opt-out of receiving, and to block, SMS Spam.

It can however be difficult for telecommunication service providers to block SMS Spam sent by third parties outside the UAE where the source is not identifiable.

The complaints about the volume of SMS Spam as well as the difficulty of blocking SMS Spam sent by third parties outside the UAE were raised on 4 September 2012 at a meeting of representatives of the TRA and the National Media Council (NMC). The regulators reportedly discussed cooperation in protecting the privacy of mobile phone users in the UAE and in particular, reducing SMS Spam.

UAE Regulatory Policy regarding Spam

The TRA issued a regulatory policy on Spam on 30 December 2009.  The policy is designed to minimise the transmission of Spam to and from the UAE in order to reduce costs and time spent by the public and businesses on unwanted mass electronic marketing communications and to create a safer communications environment. 

Under the policy, telecommunications service providers in the UAE, which include Etisalat and du, are required to minimise Spam and take all reasonable steps to ensure that Spam is not being transmitted over their networks. 

The policy requires providers to implement 'opt-in' and unsubscribe processes for all of their electronic marketing sent to customers.

The policy also prohibits telecommunication service providers from being involved in 'address harvesting', the process of obtaining lists of email addresses or mobile numbers for Spam purposes.

The policy does not apply to electronic communications sent by government entities.

UAE Regulatory Policy regarding SMS Spam

By way of an annex to the policy, the TRA set out requirements specifically in respect of SMS Spam. 

In relation to new mobile customers, providers are prohibited from sending SMS Spam for the purpose of marketing services offered by them or an associated company to a new mobile customer, unless consent has been received which fulfils all of the requirements set out in the policy and annex.

In relation to existing mobile customers telecommunications service providers had to notify all existing mobile customers that they are currently deemed to have agreed to receive the provider's own SMS Spam and that they have the option to opt-out.

In addition, the annex provides that telecommunications service providers have the following obligations:

  • Providers have had to ensure that the requirements set out in the policy and the annex are reflected in the terms and conditions of messaging service contracts where providers are sending SMS Spam on behalf of clients, as well as in acceptable use policies.
  • Providers are prohibited from sending SMS Spam to customers between the hours of 9pm and 7am. 
  • Providers must provide information, advice and resources to mobile customers to enable them to minimise the level and impact of SMS Spam, including providing a facility for reporting the receipt of Spam.
  • Providers must monitor their networks for signs of SMS Spam, take immediate practical actions to eliminate SMS Spam and provide practical protections for their mobile customers.

Steps you can take to avoid and minimise Spam

We understand based on information from the providers and reported in the media:

  • Etisalat customers who do not wish to receive promotions from Etisalat need to send 'b etisalat' via SMS to 7726. You can subscribe again to Etisalat promotional SMSs by sending "u etisalat" to 7726. To stop receiving messages from certain third party senders send "b sendername" to 7726. To stop receving SMS Spam from all third-party senders, customers need to send "b all" to 7726.
  • du customers who do not wish to receive promotions from du need to send a blank SMS to 5293. You can subscribe again to du promotional SMSs by sending a blank SMS to 7000. To stop receiving SMS Spam from certain third party senders, you need to send the letter "b" followed by a space and the name of the third party to 7726. du also advises customers who receive unwanted SMS Spam from third party senders to call du customer services, who can advise customers on how to unsubscribe.
  • Businesses can reduce the impact of Spam by ensuring they have effective spam-filters in place and that their email hosting provider has an anti-spam filter that is sufficiently sophisticated to prevent business emails being blocked.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.