Email Marketing - 電郵推廣 - 電郵廣告

Malaysia Communications and Multimedia Act 1998 - Section 233
Malaysian Communications And Multimedia Commision
The Service Providers should address concerns about spam and consider methods of managing such issues in such a way to ensure the protection of the Customers’ interest.

The Service Provider may consider the following measures in dealing with these issues: -

(a) To articulate a specific definition for spam so as to be clear what is being addressed.

(b) To include the following general principles as contractual conditions in agreements entered into between the Service Providers and Customers who may have the propensity to produce spam:-

  (i) The Customer shall not engage in sending spam messages;
(ii) Any breach of conditions shall result in the suspension and/or termination of the Customer account. Such Customer may appeal for reactivation of the said account in accordance with the Service Provider’s prevailing policies and procedures;
(iii) Service Providers should provide specific guidance (in the form of an Acceptable Use Policy (AUP)) on when sanctions or suspension and termination of account would be imposed. The Acceptable Use Policy should impose an obligation on the Customer to ensure that all commercial e-mails sent out by the Customer are accompanied by or include the following information:-
  (a) Header information that is not false, deceptive or misleading
(b) A valid return e-mail address
(c) Functional unsubscribe facility (ie "opt out" facility
(d) Identity of sender
(e) Message be clearly labeled as commercial communication (eg [ADVERTISEMENT] for advertisements, [COMMERCIALS] for commercials etc.)

For the purpose of this provision, "commercial electronic message" shall mean any electronic message that can be concluded to be for the purpose of advertising, highlighting, promoting, selling and/or offering to supply any goods, property, service and/or business or investment opportunity.
(iv) The Service Providers should also provide their policies and procedures in reactivating the services suspended due to violation of the AUP

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