What rights are violated by spam text messages?

Spam text messages violate mobile phone users’ rights to peace, freedom of communication, privacy, personal information protection and consumption freedom.

It is mainly divided into two parts:

1. The characteristic of spam text messages is to harass others and affect the peace of other people's lives. Although this kind of behavior did not cause damage to property or people, it did cause mental damage to the victim, that is, damage to personal interests or damage to personality rights. Therefore, it meets the constituent elements of a tort.

2. In addition, for spam text messages and their senders, end users often do not want to receive or communicate with them. Therefore, the act of sending spam text messages should be considered an infringement of others’ freedom of communication. behavior. At the same time, personal information, as part of the right to privacy, is an aspect of citizens’ personality rights. Selling other people’s information and phone numbers is an illegal act that infringes on other people’s privacy rights. The act of sending spam text messages to others without consent is an act of forced acceptance of services under the Consumer Rights Protection Act.

To sum up: Spam text messages violate mobile phone users’ rights to peace, freedom of communication, privacy and freedom of consumption. These text messages harass others, affect their peace of life, and infringe on their personal interests or rights. At the same time, the act of sending spam text messages to others without consent is an act of forced acceptance of services under the Consumer Rights Protection Act and also infringes on the rights of consumers.

Legal basis:

"Consumer Rights and Interests Protection Law of the People's Republic of China"

Article 9

Consumers Have the right to choose goods or services independently. Consumers have the right to independently choose operators who provide goods or services, choose product varieties or service methods, and decide independently to buy or not to buy any kind of goods, accept or accept consumers, and have the right to independently choose operators that provide goods or services. Choose product varieties or service methods, and decide independently to buy or not to buy any kind of product, and to accept or not to accept any kind of service.