Bulk messaging shall meet the following two criteria:
1. Prior to the beginning of Bulk messaging system usage, Partner should obtain a consent from each of his subscribers to receive messages.
Article 18 of the Federal Law "On advertising" prohibits the distribution of advertisement via telecommunication networks without the consent given by the subscriber. At the same time, the duty to receive the subscriber’s consent also extended to the cases of sending SMS messages with the content that doesn’t belong to advertising.
These requirements are specified in the Article 44.1 of the Federal Law "On Communications".
The consent must unambiguously identify the subscriber, his willingness to receive SMS messages, and mandatorily contain the phone number through which the subscriber granted his approval to receive SMS messages. It is not necessary to be a written consent, but it should meet the above-stated requirements.
It should be noted that notifications sent in social networks VKontakte and Odnoklassniki, as well as messages sent via Viber mobile application, are only admissible if the subscriber has granted his consent.
2. The content of the messages shall comply with the requirements specified in the applicable legislation.
Federal Law "On advertising" establishes a wide range of content requirements applicable to advertising, specifically that advertising shall be fair and truthful. In case of sending bulk SMS messages that contain specific objects of advertising (e.g., advertising of a promo-event), it is necessary to study the content of the message deeply.
We recommend remembering that, in the case of sending messages with content exhorting terrorism, violence, extremist, etc., the Sender will be brought to trial.
Besides, if the message content contradicts the current legislation, Organizer may be brought to court as the accomplice.
Mobile Network operators may set specific requirements to the content of bulk messages, including temporary conditions, like a ban on political agitation.