How do laws address the use of WhatsApp numbers for political campaigning?

[muskanhossain]

The legal frameworks addressing the use of WhatsApp numbers for political campaigning are still evolving and vary significantly across countries, including Bangladesh. Here's a breakdown of key considerations:

1. Consent and Privacy:
The cornerstone of legal and ethical use of WhatsApp numbers for political campaigning is obtaining explicit and informed consent. Sending unsolicited political messages can be considered a violation of privacy and may contravene emerging data protection principles.

Bangladesh: While a dedicated Personal Data Protection Act is singapore whatsapp number data still in draft form (as of May 2025), the Constitution guarantees the right to privacy (Article 43(b)). Unsolicited political messaging could be challenged under this provision or the broader principles of the Consumer Rights Protection Act, 2009, which discourages unfair practices. The anticipated PDPA is expected to have stricter consent requirements for processing personal data for any purpose, including political campaigning.
International: Laws like GDPR in the EU and CCPA in California mandate explicit consent for processing personal data for direct marketing, which would include political campaigning. These regulations also provide individuals with the right to object to such processing.
2. Anti-Spam Regulations:
Many jurisdictions have anti-spam laws that regulate unsolicited electronic communications. While these laws often focus on email and SMS, their principles can extend to messaging platforms like WhatsApp.

Bangladesh: Currently, there are no specific anti-spam laws directly targeting platforms like WhatsApp. However, the broader implications of the Digital Security Act, 2018, regarding the transmission of offensive or harmful information could potentially be invoked in cases of mass, unsolicited political messaging that is deemed disruptive or harassing. The future PDPA may include specific provisions against electronic spam.
International: Countries like the US (CAN-SPAM Act) and EU (ePrivacy Directive) have regulations requiring consent for electronic marketing and providing mechanisms for opt-out.
3. Election Laws and Regulations:
Election laws in various countries are beginning to address digital campaigning, including the use of messaging platforms. These regulations often focus on transparency, disclosure of campaign sponsors, and preventing the spread of misinformation.

Bangladesh: The Election Commission of Bangladesh has guidelines for campaigning, but specific regulations for the use of platforms like WhatsApp are still developing. The focus is generally on maintaining a level playing field and preventing the spread of disinformation during election periods.
International: Some countries, like India, have seen election commissions issue guidelines on the responsible use of social media by political parties, which can extend to WhatsApp. These guidelines often emphasize ethical campaigning and avoiding the spread of manipulated or false information. The UK's Electoral Commission also has guidelines on imprints for digital campaign material, which could include WhatsApp messages.
4. Platform Policies:
WhatsApp itself has policies regarding the use of its platform for business and political purposes. These policies often prohibit spamming, the spread of misinformation, and the use of automated or bulk messaging without user consent. Violations can lead to account suspension. WhatsApp has stated that political campaigns and candidates are generally not permitted to use the WhatsApp Business Platform for outreach without explicit user consent.

5. Data Security:
Laws related to data security and breach notification also apply to the handling of phone numbers collected for political campaigning. Organizations must implement reasonable security measures to protect this data from unauthorized access and inform users in case of a data breach.

In conclusion, the use of WhatsApp numbers for political campaigning is increasingly subject to legal scrutiny, primarily through the lenses of data protection, anti-spam regulations, and evolving election laws. The emphasis is generally on obtaining informed consent, ensuring transparency, preventing the spread of misinformation, and adhering to platform-specific policies. As digital campaigning becomes more prevalent, legal frameworks in Bangladesh and globally are expected to become more specific in regulating the use of messaging platforms like WhatsApp in the political sphere.