New Rules On Barring Valued-Added Message-Based Services!

Author:Ms Mónica Costa
Profession:Coelho Ribeiro e Associados
 
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From August 17 2013 onwards, only certain value-added message-based services (including SMS and MMS) must be barred by default, pursuant the Law 42/2013, of July, 3 that amended the Electronic Communications Law (Law 5/2004 of February 10).

Until then, audio-text services (with exception of televoting audio-text services) as well as value-added message-based services (including SMS and MMS) are barred by default and shall only be activated, generally or selectively, upon a written request from the subscribers.

With this new Law, only the following services must be barred, at no charge and by default:

(i) audio-text services with no exceptions (the televoting audio-text services exception has been withdrawn);

(ii) value-added message-based services (including SMS and MMS) that:

involve the sending of more than one message or the sending of messages on a periodic or continued basis; have sexual or erotic content. Such services may only be activated, generally or selectively, upon a written request from the subscribers. This new law also establishes that, upon request of the subscribers, public communications networks or publicly available electronic communications services providers that support

value-added message-based services must, at no charge, bar all the communications to such services, regardless any contract with the provider of such value-added message-based services or its eventual termination.

The barring should be made within 24 hours after the subscriber's request, made in writing or by means of other durable medium available and easily accessible. After the 24 hours, no services, which barring was requested, can be invoiced to the subscriber.

Failure to comply with these rules is subject to fines up to 1 million (depending on the nature of the infringer and the size of the...

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