1. In recent times this Authority has received a number of complaints connected with irregularities in the provision of services of entertainment content for download onto mobile telephones specifically ring-tones, games, graphics and other information.
2. The situation which has given rise to complaint is, in general terms, characterised by the fact that users of the mobile telephone service, after registering over the Internet or sending a text message (SMS) to a determined number, repeatedly receive ring-tones, images or other information. According to the information provided by the companies involved, such services will be provided free of charge, or that there would be a charge only per request.
3. However, in reality, it has been seen that contrary to the request of a free sending/single ring-tone payment/image a paid service is being activated with automatically renewed periodic subscription. In the vast majority of cases it has been difficult or even impossible to cancel this subscription.
4. Accordingly, the users start to receive, in some cases more than once a day, alerts, ring-tones and images, billed at high rates, without possibility of cancelling the service.
5. In respect of the services of electronic communications, ANACOM is charged with the promotion of competition and the development of the market, the management of the radio spectrum and the national numbering plan, the guarantee of the existence and availability of a universal service of communications, enforcement of the laws, regulations and technical requisites applicable in respect of its assignments. In summary, its activity encompasses the exercise of the activity of the companies which offer services and networks of electronic communications, but not the content of the communications which are transmitted.
6. As such, any investigation of content transmitted using the services and networks of electronic communications would exceed the bounds of its remit. This is the case in the specific situation of the entertainment content concerned or any investigation of contracts whose negotiation was done using such services and networks.
7. In reality, in the cases described, the issue is not that of electronic communication services (the supervision of which falls to this Authority), but of other types of services, the consumer of which, in order to enjoy them, makes use of electronic communications.
8. In view of the above, that set out in the complaints mentioned may constitute breach of the provisions of Decree-Law no 143/2001 of 26 April (contracts negotiated at a distance and at home), of Law no 24/96 of 31 July (legal regime applicable to consumer protection) and of Decree-Law no 330/90 of 23 October (Publicity Code).
9. Under these terms, the complaints should be presented to the entities with supervisory powers with respect to the scope of the above legislation, such as the ASAE - Autoridade de Segurança Alimentar e Económica (Economic and Food Safety Authority), the body which currently performs the functions previously carried out by the former IGAE - Inspecção Geral das Actividades Económicas (General Inspectorate for Economic Activities), and also the Direcção-Geral do Consumidor (Directorate-General of the Consumer), formerly named Instituto do Consumidor. The contact details of these bodies are:
ASAE - Autoridade de Segurança Alimentar e Económica
Av. Conde Valbom, 96-98
1050-070 Lisboa
Direcção-Geral do Consumidor
Praça Duque de Saldanha, 31
1069-013 Lisboa
10. Taking into account that the facts described in the communications transmitted may consubstantiate an illegal and criminal practice, complaint to the authorities mentioned above does not exclude the possibility of the presentation of a complaint in respect of the Ministério Público (Public Ministry) or the police authorities.
