Saturday Star News

New rules may end spam calls in SA, but companies face heavy penalties

Saturday Star Reporter|Published

South Africans could soon see a major drop in unwanted marketing calls as new regulations introduce a national Opt Out Registry system backed by strict compliance rules and heavy penalties for companies that ignore it. 

The National Consumer Commission (NCC) says the new framework will give consumers stronger control over how they are contacted by direct marketers, including the ability to block communication from individual companies or across the entire industry.

“The amended Regulations establish the Opt Out Registry system while providing mechanisms for consumers to opt out from unwanted direct marketing,” the NCC said.

Under the Consumer Protection Act No. 68 of 2008, all direct marketers will be required to register and comply with Section 11(3), which obliges them to remove consumers who have opted out before sending any marketing communications.

 

“For the effective administration of the system, all direct marketers must register to ensure compliance with the CPA and the Regulations,” the commission said.

 

The NCC confirmed that registration of both direct marketers and consumers will begin in July 2026, with further details on the process to be communicated ahead of implementation.

Welcoming the reforms, NCC Acting Commissioner Hardin Ratshisusu said the changes respond to long-standing public frustration over intrusive advertising practices.

“For too long, consumers have been exposed to intrusive and unwanted direct marketing communication,” Ratshisusu said. “The Regulations provide for a robust mechanism to stem unwanted calls to ensure that consumers are protected.”

He added that the system is designed to shift power back to consumers. “Through the Opt Out Registry system, consumers will be able to block unwanted direct marketing communication from either an individual direct marketer or the entire industry,” he said.

However, the NCC has warned that non-compliance will carry serious consequences. Companies that fail to adhere to the regulations will be in violation of the Consumer Protection Act and may face administrative penalties of up to R1 million or 10% of annual turnover, whichever is greater.

The commission says the reforms aim to curb nuisance marketing practices while strengthening consumer privacy and enforcing accountability within the direct marketing sector.