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EU disagreement on spam ban

OUT-LAW News, 29/06/2001

EU telecoms Ministers have postponed their debate on a proposal to ban unsolicited commercial e-mail (spam) after failing to find consensus. Whilst all member states agree that consumers have the right not to receive spam, there is disagreement over how this should be achieved.

The proposal being debated would harmonise EU laws with an “opt-in” approach to spam. Under this approach, direct marketers would need the consent of individuals before they could market to them by e-mail. Eleven of the fifteen EU member states are in favour of the opt-in approach, which would, in effect, ban spam in the EU.

However, the UK, France, Ireland and Luxembourg blocked the proposal. The UK’s new e-Minister, Douglas Alexander, argued that people should specify if they do not want to receive spam – the “opt-out” approach.

Austria, Italy, Denmark, Finland and Germany have already introduced laws based on the opt-in system. The ban on spam is also supported by European consumers’ associations. A European Commission report published earlier this year showed that spam was costing European citizens €10 billion (around £6 billion) per year.

However, the European Association of Direct Marketing challenges the Commission’s findings and says an opt-in system would harm small businesses in Europe which rely on e-mail as a valuable marketing tool.

The EU Telecoms Ministers will re-open the debate once the European Parliament has looked at the proposal. The Parliament previously backed the opt-out approach favoured by the UK. If the Parliament and the Council disagree then, according to a Commission spokesman, “there will have to be a negotiated solution.”

 

 

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