South Africa's Battle Against Relentless Telesales Calls Nears a Turning Point

In a world where interruptions from telesales calls can shatter the peace of any workday, South Africans may soon experience the tranquility they've been longing for. The Information Regulator is stepping up its game with a potent antidote to the deluge of telemarketing calls that have long disrupted the daily lives of consumers.

These unsolicited calls have persisted despite efforts to block them. Crafty telemarketers sidestep obstacles by making subtle changes to their numbers, leaving consumers in a never-ending loop of annoyance and frustration. Why has blocking them proven so ineffective?

The root of the issue lies in the interpretation of "electronic communication" regarding unwanted direct marketing under the mandates of the Protection of Personal Information Act (Popia). Intended as a safeguard, Popia strictly outlaws unrequested direct marketing through SMSes and emails. However, the interpretation of voice calls falls into a grey area. While some assert that these calls do not constitute electronic communication, the Act's advocates argue the opposite.

Mukelani Dimba, the executive manager for education and communication at the Information Regulator, points out that the direct marketing industry has been capitalizing on this ambiguity, favoring calls over SMS and email. Recognizing this, the Regulator has taken the stance that voice calls are included in the Popia provisions and therefore, companies should adhere to them as well. Unfortunately, until a case is finalized in the courts, establishing a legal precedent, the arm-wrestling over the definition continues.

Hope glimmers on the horizon, however, as the Regulator is crafting a guidance note aimed at clarifying the standards companies must follow concerning direct marketing calls. This note, slated for public discussion potentially by mid-2023, will crystallize the Regulator's position and eventually serve as a binding document directing company behavior.

The promising progress follows the Regulator's track record of formidable legal authority and action, including the imposition of penalties against non-compliant entities. The most notable case involved an enforcement fine levied on the Department of Justice and Constitutional Development for failing to heed a notice following a significant data breach in 2021.

With 925 complaints received in the current fiscal year—150 attributed to direct marketing—the Regulator’s aggressive stance is timely. Enforcement notices are set to be served to 14 transgressing companies across various sectors, demonstrating the Regulator's commitment to upholding Popia's mandates.

Yet, despite this progress, another stumbling block arises from the underreporting of such intrusive marketing practices by consumers. To bridge the gap between the uproar on social media and the formal complaints received, Dimba urges the public to file their grievances directly with the Regulator. Moreover, the misuse of shared personal information, such as the potential collusion between service providers and credit bureaus, underscores the urgency of fostering a more accountable data-sharing ecosystem.

As South Africa inches closer to a world with fewer intrusive telesales calls, the Information Regulator's impending guidelines and resolve to enforce compliance add momentum to the movement safeguarding consumer rights and privacy. Public participation in comment sessions and increased reporting of unrequested marketing calls will be pivotal in fashioning a future where the "block" button is finally reinforced by the rule of law.