Is SMS advertising illegal?

The Notice of the State Administration for Industry and Commerce and the Ministry of Information Industry on Prohibiting the Publishing of Advertisements for Telecommunication Information Services such as Voice and SMS with Bad Content stipulates that:

"Telephone messages, short messages and other telecommunications information service advertisements must meet the requirements of socialist spiritual civilization construction. It is forbidden to use television, radio, newspapers, periodicals, the Internet, printed matter and other media or forms to publish advertisements for telecommunications information services such as voice messages containing obscene pornography, feudal superstitions and other bad content. "

"When advertising agents and publishers design, produce, act as agents and publish advertisements for telecommunication information services such as voice messages and short messages, they shall review the supporting documents and verify the contents of the advertisements. It is not allowed to design, produce, represent or publish advertisements containing bad content and advertisements that cannot provide information service business licenses. "

"In violation of the provisions of the first paragraph of Article 9 of the Advertising Law, the charging standards and charging methods of telecommunications information services such as voice messages are not marked or clearly marked in advertisements, and the administrative department for industry and commerce shall punish them."

"If a telecommunication information service provider violates the provisions of Article 57 of the Telecommunication Regulations by using telecommunication information services such as voice messages, etc., the competent telecommunication department, public security organ and state security organ shall deal with it according to the Telecommunication Regulations and relevant state regulations."

Generally speaking, spam messages are a violation of consumers' rights and interests. In the network access agreement signed between users and operators, there is no such thing as receiving advertising messages. People who send spam messages force users to accept advertisements. Although they don't charge consumers' fees, they charge advertisers' fees and achieve the goal of profit. This kind of spam message has a certain impact on the normal life of mobile phone users, and it also belongs to a kind of forced consumption behavior, which infringes on the legitimate rights and interests of consumers.

However, apart from the illegal advertising types mentioned in the Notice of the State Administration for Industry and Commerce and the Ministry of Information Industry on Prohibiting the Publishing of Advertisements for Telecommunication Information Services with Bad Content, there are no relevant laws and regulations to restrict this new advertising form.