Is it illegal to send advertisements by SMS?

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 Short Message, 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 and short 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. "

"If the charging standards and charging methods of telecommunication information services such as voice messages and short messages are not clearly indicated in the advertisements, which violates the first paragraph of Article 9 of the Advertising Law, the administrative department for industry and commerce shall punish them."

"Telecommunication information service providers use voice messages and other telecommunication information services to provide obscene pornography, feudal superstition and other bad content information, which violates the provisions of Article 57 of the Telecommunications Regulations, and shall be dealt with by the competent telecommunications authorities, public security organs and state security organs in accordance with the Telecommunications Regulations and relevant state regulations."

Generally speaking, spam messages are a violation of consumers' rights and interests. In the network access agreement signed by users and operators, there is no such thing as receiving advertising messages. Spammers force users to accept advertisements. Although they don't charge consumers, they charge advertisers to make a profit. This kind of spam message has a certain impact on the normal life of mobile phone users, and it also belongs to a forced consumption behavior, which constitutes an infringement 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 Publishing Advertisements of Telecommunication Information Services with Bad Content, there are no relevant laws and regulations to restrict this new advertising form.