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By Faizel Patel

Senior Digital Journalist


Gatvol of spam calls and telemarketing? Help may be on the way

Information Regulator to guide institutions on how they need to comply with the Popi Act.


Tired of telemarketing and spam calls? Well, hold the phone, as reprieve may be coming.

The Information Regulator on Wednesday said it is close to finalising a guidance note that will regulate the telemarketing industry.

South Africans have become gatvol with telemarketing and spam calls, with many reporting the telemarking companies to the regulator.

Fewer spam calls?

Speaking during a media briefing on Wednesday, the Information Regulator’s chairperson Pansy Tlakula said direct telephone marketing is not illegal but there should be a clear framework on how it is conducted.

“We have heard the plight of members of the public on the growing frustration because of spam calls as a result of direct marketing.

Tlakula said the guidance note will steer public and private bodies on how they should comply with the Promotion of Access to Information (Popi) Act when dealing with the personal information of people they target for direct marketing.

ALSO READ: Google, Meta and X probed for breaches to SA’s Promotion of Access to Information Act

Tlakula said the regulator in July shared the draft guidance note with direct marketing organisations and big industry players who use direct marketing as part of their business practices.

“We are at the final stages of considering their intricate inputs, and on 25 September 2024, we will hold a stakeholder engagement on the final version of the guidance note ahead of its publication.”

Enforcement notice  

In February, the regulator issued the first enforcement notice as a result of a direct marketing complaint.

Tlakula, at the time, said they issued an enforcement notice to FT Rams Consulting, a training institution business, after finding it contravened various sections of the Popi Act.

“The regulator received a complaint from a data subject (a person about whom the personal information relates) following countless direct marketing messages received by them.

“Regardless of the multiple attempts to opt out and requests to be removed from the company emailing list, FT Rams Consulting blatantly ignored the pleas from the data subject and continued to send them marketing messages on email,” Tlakula said.

FT Rams Consulting told The Citizen they could not comment on the enforcement notice by the regulator until they studied it in detail.

ALSO READ: South Africa’s Information Regulator acts against FT Rams over privacy law breach

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