If you live in Lesotho, chances are your phone pings daily with messages about “exclusive data bundles,” “betting odds,” or “limited-time promotions.” You didn’t sign up for them, there’s no “unsubscribe” option, and they just keep coming.
These aren’t just irritating distractions, they’re unlawful.
The Legal Reality: What Lesotho’s Laws Say
Under Lesotho’s Data Protection Act, 2012, no company is allowed to use your personal information for marketing unless you have given explicit consent. This means your phone number cannot legally be added to a marketing list without your permission.
Furthermore, the Communications Act, 2012 requires telecommunication operators to uphold consumer rights and data confidentiality. Any marketing SMS sent to you should include a functional opt-out option, such as “Reply STOP to unsubscribe.”
Yet, that’s rarely the case in practice.
Why the Problem Persists
Most Basotho continue to receive unsolicited promotional messages from service providers and businesses they’ve never interacted with. Some companies sell or share customer information with third-party marketers, while others simply disregard the consent requirement.
The absence of an operational Data Protection Commission in Lesotho has also created a significant enforcement gap, meaning there’s currently no active regulator holding violators accountable.
Until this gap is addressed, consumers remain exposed to unlawful marketing practices that violate their privacy rights.
Lessons from Other African Jurisdictions
Neighbouring countries are already taking decisive steps.
In Kenya, the Office of the Data Protection Commissioner recently imposed fines on companies that sent marketing messages without a valid opt-out mechanism. Similarly, in South Africa, the Information Regulator has acted against organisations violating the Protection of Personal Information Act (POPIA) through unsolicited SMS marketing campaigns.
These actions have proven effective, once regulators began enforcing penalties, businesses quickly fell in line.
What Needs to Happen in Lesotho
Lesotho already has the necessary legal framework. What’s missing is implementation and oversight. The Lesotho Communications Authority (LCA) can play a crucial role by:
- Issuing clear compliance guidelines for bulk SMS marketing;
- Imposing financial penalties on repeat offenders; and
- Requiring telecom operators to verify consumer consent before sending promotional content.
Protecting Your Own Privacy
Legal change often starts with public awareness. As a consumer, you can:
- Ask your service provider how they obtained your number;
- Request to be removed from their marketing list; and
- Encourage others to do the same.
Privacy is not a privilege, it’s a fundamental right.
The Bottom Line
Unsolicited SMS marketing might seem harmless, but it erodes personal privacy and normalises data misuse. The more we tolerate it, the more pervasive it becomes.
It’s time for both regulators and consumers in Lesotho to take a stand. Businesses must respect consent, telecom operators must ensure accountability, and citizens must demand the digital privacy protections they’re legally entitled to.