UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE—SCHEDULE 1
(2) For the avoidance of doubt, the exemption of a matter from the application of Part 2 of this Ordinance (rules about sending commercial electronic messages) in accordance with Table 2 shall not be construed as implying that the other provisions of this Ordinance apply to that matter.
2. Exemptions
(1) The matters described in an item in Table 1 are exempt from the application of this Ordinance.
(2) The matters described in an item in column 1 in Table 2 are exempt from the application of Part 2 of this Ordinance (rules about sending commercial electronic messages) subject to the conditions, if any, specified in column 2 of that item.
TABLE 1
Matters Exempted from Application of Ordinance
Item | Description of exempt matter |
1. | Voice, sound, image or video messages, or messages combining text, voice, sound, images or video, that involve person-to-person interactive communications between a caller and a recipient without any prerecorded or synthesized (machine-generated or simulated) element. |
2. | Voice, sound, image or video messages, or messages combining text, voice, sound, images or video, that involve—
whereby the pre-recorded or synthesized element is activated in response to information communicated by the caller. |
3. | Television programme services, whether or not licensed under the Broadcasting Ordinance (Cap. 562). |
4. | Sound broadcasting services, whether or not licensed under the Telecommunications Ordinance (Cap. 106). |