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Damn the Spam

Excellent news of a landmark legal victory by Nigel Roberts which involved chasing down a UK spammer and winning £300 in costs.

Roberts, who runs his own Internet business as well as the Jersey and Guernsey country code domains, used his legal know-how to apply EU legislation to a UK company, Media Logistics.

It is believed to be the first time the legislation has been used in the UK, and could open the doors for thousands of other cases.

The case sets an interesting precedent. Since it was settled out of court, the damages will not be bidding in future cases, but the cost is likely to be used as a guideline. The case will also highlight the EU anti-spam law (Directive 2002/58/EC) and its practical effectiveness.

See The Register and SpamLegal Action of Roberts -v- Media Logistics (UK) Ltd

“Safeguards should be provided for subscribers against intrusion of their privacy by unsolicited communications for direct marketing purposes in particular by means of automated calling machine, telefaxes and email, including SMS messages. These forms of unsolicited commercial communications may on the one hand be relatively cheap and easy to send and on the other may impose a burden and/or cost on the recipient. Moreover, in some cases their volume may also cause difficulties for electronic communications networks and terminal equipment. For such forms of unsolicited communications for direct marketing, it is justified to require that prior explicit consent of the recipients is obtained before such communications are addressed to them."


Directive 2002/58/EC of the European Parliament and the Council of 12th July 2002

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