Would it be correct to say the practices noted in the scenario below is 'spam via electronic communications', as provided for in Section 45 of the Electronic communication and Transaction Act 25 of 2002?

Dear (name of student), we have noted that you are registered for LML4810. We know that studying is hard and you have other priorities. We are here to assist with your assignments and exams. Call us at (cell phone number)...

You are now retracing your steps to the moment whenyou registered. You do not recall whether you were asked to be contacted in the future by the institution or its partners. Neither, did the message above disclose where and how the sender obtained your information. In order for you to get to the root of this matter, you need to answer the questions below.

NOTE: The above scenario might also bring forth some ethical issues. However, your answers should be limited to the scope of this course.

The case dealing with this issue is

Ketler Investments CC t/a Ketler Presentations v Internet Service Providers' Association [2014] 1 All SA 566 (GSJ).

Industry involved: ISPA (internet service provider Association) - effectively manage local unsolicited bulk mail

Code of practice: Section 71&72 ECT

Practice: best industry practice in providing antispam software to recipients of the service in order that they can elect to minimise the amount of spam received on their email accounts. The ECT Actapplies to electronic communications and not paper based one's. TheECT Actfollows an "opt-out" regime and to stopspam undertheECT Act, all you have to do is ask the sender to stop.