The newly revised "Regulations on the Management of Communication Short Message Services" (issued by the Ministry of Industry and Information Technology on February 9, 2026, Order No. 74) will come into effect on May 1 this year. In response to the widespread concern about the indiscriminate sending of commercial short messages (hereinafter referred to as "commercial short messages") in society, the new regulations have adjusted the rights and obligations of the three parties involved in the legal relationship of commercial short messages - the sender (the merchant who produces and sends such messages), the transmitter (the telecommunications operator providing commercial short message services), and the receiver (telecommunications users) - forming a complete new governance mechanism. Obtaining prior consent "to block the source of spam has refined the obligations that the sender must fulfill, such as obtaining prior consent. The sender is the initiator of such short message behavior and should bear strict legal obligations. Article 21 of the new regulations stipulates that the sender has the following obligations: firstly, it must hold the "commitment or proof materials" (hereinafter referred to as "commitment materials") that the receiver agrees to or requests to receive commercial SMS, that is, obtain the written consent of the receiver in advance; The second is to bear legal responsibility for the authenticity of the aforementioned commitment materials, that is, to ensure that each commitment material is indeed credible and free from any false elements; Thirdly, the commitment materials must be provided to the transmitting party for review. If the promised materials are not obtained or their authenticity is missing, the transmitting party has the right to refuse to transmit commercial text messages for them. Compared with the previous general regulation that prohibits senders and transmitters from sending commercial short messages to users without their consent or request, the new regulation stipulates that the sender independently assumes this obligation, delineating the responsibility boundary of the legal obligation of "prior consent", which is highly targeted and restrictive, and is the biggest highlight of the new regulation. By conscientiously fulfilling the above regulations, the sender can block the source of spam commercial text messages. The basic positioning of the transmitting party in commercial SMS services is to centrally connect the sender and receiver, and provide the sender with the service of publishing and transmitting commercial SMS to the receiver using telecommunications transmission channels. According to the revised Articles 21, 24, and 27 of the Regulations, the transmitting party has the following rights and obligations: firstly, it has the obligation to conduct a formal examination of the commitment materials provided by the sender, and not to conduct a substantive examination of their authenticity; The second is to assume the obligation not to send commercial text messages to users who have not yet signed the commitment materials, that is, the sender will not transmit commercial text messages without providing the commitment materials, which can also be considered as a legal right of the transmitting party; Thirdly, establish and improve internal management systems, adopt corresponding technical measures, and standardize the management of commercial SMS transmission time periods and frequencies; The fourth is to add the obligation to provide users with services to prevent commercial SMS intrusion. Both basic telecommunications operators and mobile communication resale operators should provide this service to users who refuse to receive it, and the former should also provide necessary convenience for the latter. Explicitly agreeing to receive or refusing to receive option communication short messages is a telecommunications service that can be completed through one-way push. However, telecommunications users cannot only passively receive such short messages. According to Articles 21 and 23 of the new regulations, users have the right to choose to agree in advance or refuse afterwards to protect themselves from the intrusion of commercial text messages. Firstly, if the user agrees or requests to receive commercial text messages in advance, the user shall sign a commitment material and the sender shall submit it to the sender. No one's words are valid and must be supported by written evidence. Generally speaking, the commitment material should be produced by the sender in a standardized format, written or electronic form. The user should either sign the written document or select "Agree" in the electronic document and sign it electronically. This mechanism, known as' opt in ', represents the user's prior' consent or request to receive ', and the sender or transmitter can only send commercial SMS to the user based on this. Otherwise, it cannot be sent. Secondly, if users receive commercial text messages without consent or request, or if they agree in advance but later retract their agreement, they also have the right to choose to refuse. According to the new regulations, as long as the user expresses a clear refusal through the "refusal to receive method" provided by the sender and transmitter, the transmitter shall not transmit commercial SMS to them again. This mechanism, known as' opt out ', is a remedial measure after the fact, and its usual understanding is that if the user does not choose to refuse, they give up their right to refuse and are deemed to have agreed to receive. According to the original regulations, 'if the user does not reply, it shall be deemed that they do not agree to receive'. The difference between these two options for users is that opt in occurs in advance and requires the user's consent (i.e. the user's nod); Opt out occurs afterwards and requires the user to refuse (i.e. shaking their head). The new regulations grant users these two rights, with specific provisions, clear procedures, strong operability, and greater protection against commercial SMS intrusion. The initiative of both is in the hands of the user, and the decision must be made by the user in an explicit manner. Especially for the latter right, users who are unwilling to accept it should actively exercise it and choose to refuse. Overall, the revised "Regulations" have further improved the legal mechanism for regulating the indiscriminate sending of commercial text messages by adjusting the rights and obligations of the three parties involved in this legal relationship in three stages: pre event, during event, and post event, and empowering telecommunications regulatory agencies to implement strong supervision and inspection. We have reason to believe that with the deepening implementation of the Regulations and the joint efforts of all parties, this governance work that is of concern to all sectors of society will definitely achieve significant results. (Looking into the New Era)