Legal thinking on mass short messages

According to the Report on the Development of China Mobile Advertising Industry in 20 10 released by iResearch Group, the mobile advertising market in China reached10.74 billion yuan in 20 10, of which the short message advertising market reached 550 million yuan. According to another survey, in the second half of 20 10, mobile phone users in China received an average of 42.6 short messages per week, including 1 1.4 spam messages. Most spam messages are advertisements, and many are fraudulent advertisements.

It is generally believed that short message mass sending is the promotion information of goods or services presented in the form of short messages through the network of operators. Mainly through the SMS agent, advertisers rely on the wireless network of operators to spread and publish in a paid way.

Compared with traditional advertising, SMS advertising has distinct characteristics. First, the cost is low. The average service price of SMS advertising in the market is 3 cents to 7 cents. Low prices have attracted many businesses with insufficient funds. The second is concealment. SMS advertisements are highly private, and mobile phone users often delete SMS advertisements themselves after receiving them, which is difficult for relevant law enforcement departments to find. The third is forced communication. Mobile phone users can only refuse SMS advertisements by turning off the SMS function.

Advertisers who send short messages in groups can be divided into three categories.

The first category is illegal advertisers. They take advantage of the vulnerability that it is difficult for operators to check the content of short messages, and send tens of thousands of short message advertisements to mobile phone users through mass senders and specific software.

The second category is service providers that cooperate with network operators. In order to let mobile phone users buy various paid services, they often send short message advertisements about changing ringtones, weather forecasts and other services.

The third category is merchants. They often publish short message advertisements promoting goods and services, some of which are suspected of breaking the law.