Unsolicited messages: Is NCC losing the war?

Despite repeated warnings by the Nigerian Communications Commission (NCC) over unsolicited messages on subscribers’ phones, the trend has continued suggesting that the Commission may be losing the war; writes  ELEOJO IDACHABA.

“Dear customer, your Amazing Fact subscription will be renewed on  2018-06-22:00:00:00. You will be charged N50 for 15 days. To deactivate, SMS UNSUBFACT to 577, thank you.”

Above is one among several examples of unsubscribed or what is commonly known in the telecoms world as unsolicited messages that  subscribers get on a daily basis. More annoying is the accompanying   charges that leave the account of unsuspecting subscribers and go into the pockets of ‘ghost’ companies using the trunk of the network providers even though they feign ignorance about the origin of those messages.

With the advent of telecommunications revolution technology in the country in 2003, excitement greeted the air because Nigerians were ready to put behind them all the problems associated with the defunct NITEL and its burdensome billing system.

At least, that was the expectation. This is, however, not the case now even with the progresses made so far in that sector. This is so because in spite of the warning signals and paid adverts by the telecoms regulator, the Nigerian Communications Commission, against subjecting subscribers to charges bordering on unsolicited messages, the trend continues unabated while telecoms service providers and the regulators to look the other way.

Investigations by Blueprint Weekend have revealed that aside from ‘Amazing Fact’, there are such unsubscribed for messages like Entertainment, Devotional, Culture, First Aid and many others sent directly through the platform of network providers to subscribers contrary to the industry regulations.

In 2014, an Abuja High Court had, as a result of this similar scenario, imposed a fine of N5 million on Airtel Nigeria after a customer, Emmanuel Anene, had sued the company over unwarranted deductions for unsolicited text messages. That was not all, another telecoms giant, MTN Nigeria, also suffered a similar fate in 2015, although in a slightly different scenario, when a Court of Appeal upheld the ruling of an Abuja High Court to award it a fine of N3 million in favour of one Godfrey Eneye who filed a case against it for sharing information on the subscriber with a third party.

Further investigations showed that such network providers as MTN, Globacom, Airtel, 9Mobile are the major defaulters. Industry sources allege that because of their financial weight and sheer community development efforts, a lot of infractions are committed through their networks while government watches in dismay.

 

Subscribers’ association to the rescue?

As a result of this worrisome trend, in January 2018, the National Association of Telecommunications Subscribers appealed to NCC to address the perennial problem of unsolicited text messages. The president of the Association, Chief Deolu Ogunbayo, made the appeal in Lagos while reacting to series of complains arising from unwarranted deductions from unsolicited messages.

“The issue of unsolicited text messages is an industry problem that NCC has to address squarely. We are aware of how NCC has since last year been tackling unsolicited messages, but it has remained the same. Until heavy sanctions are meted out to the operators, subscribers can never have sanity,” he said. Of much concern, he said, is the practice whereby even when a subscriber sends STOP message to the provided code operator, it attracts charges meanwhile, the same message continues to appear. He challenged the government especially NCC to come out clean in its perceived fight against the menace.

“You can imagine how much leaves consumers on account of this. This is corruption masquerading in another form,” he said.

 

NCC speaks

Commenting on these in a chat with Blueprint Weekend, NCC director of  Public Affairs, Tony Ojobo, reiterated the Commission’s stand against unsolicited messages, saying: “Anyone getting such messages should send STOP to 2442. We have a code which means Do Not Disturb, so if you do not want any unsolicited messages on your phone, send that code to stop such messages. It serves all networks, once this is done, you will get a response within 24 hours, most times within three hours, there would be an acknowledgement of your request.”

According to him, anyone still getting such messages has not activated their phone to comply with the code.

“We have adverts to that effect and our Telecoms Today programme on television also carries the message. However, anyone that has activated their phones and still gets unsolicited messages should report to NCC by calling on 622. There is an appropriate fine of N5m for such default”, he said.

 

Subscribers react

As fanciful as the explanation by NCC may seem, many subscribers who spoke to Blueprint Weekend, however, doubted the ability of the regulatory authorities to wield the big stick. According to Patrick Afekhai, NCC is speaking from sides of the mouth.

He said: “The Commission does not have the will power to sanction these network providers. It’s all their tales by moonlight. I have been to MTN office more than twice this year alone. Each time I went there, I was told that they are not responsible for those messages but I get them on my MTN line. I have sent STOP messages more than 10 times. What they do is that the message content would be changed the next time you get it so as to give the impression that the one you unsubscribed last is actually gone but I still get many that I don’t subscribe to. Do you want me to believe that top personnel of the commission do not also get these messages? There is something they are not telling us.”

Another subscriber, Victor Ojiego, wonders “if there is any technical  superiority the regulator has over the network providers.” This, according to him, “is because if there is a fragrant abuse of the operating system, the Commission should technically be able to apply certain sanctions that can throw them out of service for few hours in order to lose money.” By that, he said, many of them would stick to the rule of engagement.

“If NCC has all it takes to clamp down on any of them, even if for two hours, that means a lot of drain on their income. The reason there is no compliance with directive is because the operators are technically superior to the regulator. Except the regulator chooses to withdraw their operating licence, there is technically nothing else they can do to them. It’s a difficult problem though but with political will, it can be achieved. Does it happen in other countries like that?”

 

NCC needs to bite – Expert

As the controversy continues, a telecommunications lawyer, Alex Attah, says the only way industry operators can stick to their rule of engagement is when they can see that the regulator can actually bite more than it can bark.

In an exclusive chat with Blueprint Weekend, he said: “Where in advance countries have you ever noticed that people pay for what they do not use? How can you explain a situation where a firm will use the fibre of a network provider to send unsolicited messages without any collaboration between that firm and the operator? I cannot understand it when I hear that a network provider claims they are not responsible for some text messages that come through their networks for which charges apply, so who should be responsible? Do you know how much is realised from those charges daily? My grouse is against the regulator who appears like a lame duck only to issue threats.

Threats are not enough. If they think they don’t have any enabling law with which to prosecute erring offenders in the industry, let them sponsor an executive bill. Such bills will scale through easily since the law makers are also at the receiving end. If NCC can claim that it has been able to fully prosecute any defaulting operator, it is purely in their imagination. I challenge them to produce a copy of any prosecution they started and won in court.”

Nigerians are however waiting to see the end of unsubscribed messages on their network or, according to Attah, “when the first defaulter would be publicly punished to serve as a deterrent to others.”

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