Jump to content

Anti-Spamming Legislation in Australia


  • Please log in to reply
2 replies to this topic

#1 *Lis*

Posted 18 March 2004 - 08:01 AM

The Commonwealth Government has recently enacted legislation targeted at restricting unwanted direct marketing "Spam" emails. The Spam Act 2003 (Cth) is expected to come into force in April 2004.

The Act makes it illegal to send unsolicited commercial electronic messages, whether email or SMS mobile phone text messages, without the recipient�s consent.

When sent, commercial electronic messages must allow recipients the right to opt-out of receiving future messages. The Act also regulates the use of electronic address harvesting software. Businesses that use email and SMS messaging to send marketing communications should review their practices to ensure compliance with the Act.

For all the lofty aims of the Act, the penalties provided for will only apply to persons or businesses within Australia. This effectively limits the Act to application where spam originates in Australia. Efforts to control spam originating from overseas will rely on the co-operation of foreign governments.

What is a Commercial Electronic Message?
For the purposes of the Act "commercial electronic messages" (CEM) are messages sent for a broad range of commercial purposes, including advertisements, offers to supply, or promotion of suppliers of goods, services, land or business opportunities.

There are exemptions for the sending of factual messages, such as information sheets or newsletters. However, if businesses include marketing material in the email, the message will fall within the definition of a CEM if its primary intent is not factual.

What constitutes consent?
Consent may be express or inferred. Businesses will have inferred consent to send spam to customers with whom they have a pre-existing relationship. This requires an ongoing relationship, such as a company�s relationship with its shareholders, or with customers who have purchased a licence or product involving an ongoing warranty.

Businesses cannot send unsolicited messages if a reasonable person would not expect to receive future messages from the company.

Consent to send electronic messages to a recipient may also be inferred where an electronic address is �conspicuously published� or made generally accessible to the public. This allows businesses to send CEMs to the person�s work related email address regarding matters within the scope of their position. Thus, when employees� addresses are specified on a firm�s website it should be specified that they do not wish to receive unsolicited CEMs at that address if that is in fact the case.

Regulating the Content of CEMs
The Act requires that CEMs clearly and conspicuously identify the sender. Thus, when sending marketing emails, businesses must include their legal name and ABN. CEMs must also contain a functional unsubscribe facility, allowing the recipient to opt out of receiving further messages from the sender.

Address Harvesting Software
The Act bans the use, sale and development of address harvesting software and lists compiled from such software. Thus, companies should ensure that any lists of addresses used in email or SMS marketing have not been obtained through address harvesting software. Companies may still compile lists of electronic addresses manually or use lists of electronic addresses harvested from a source other than the Internet.  Thus, where a business uses a list broker to supply addresses it should seek warranties from the broker that the addresses were not illegally harvested.

Enforcement
A system of warnings, enforceable undertakings and injunctions are provided for by the Act in addition to civil pecuniary penalties enforced by the Australian Communications Authority in the Federal Court. Pecuniary penalties range from $5,500 to $11,000 for companies and $2,200-$1,100 for individuals. These penalties apply per message sent. The daily ceiling of penalties that may be charged for all contraventions of a particular provision in the Act occurring in one day is $1.1 million for companies and $220,000 for individuals. Compensation can also be awarded to individuals who have suffered loss or damage as a result of contravention of the Act.

What Does it Mean for Australian Businesses?
Australian companies engaged in email and SMS marketing should review their practices to ensure that they have the consent of their message recipients and that messages sent identify the sender and provide a functional unsubscribe facility.  The Spam Act is not specifically designed to regulate reputable Australian firms engaged in legitimate marketing activities, but it is likely that these will be the one�s affected.

Edited by EB-Ally, 28 January 2010 - 09:09 AM.


#2 Deirdre

Posted 18 March 2004 - 08:55 AM

Dear Members and Visitors,

We have had a few instances recently where people or organisations have taken member e-mail addresses from member profiles (or used the Personal Messaging system) in order to "spam" members about their products and services. As per the above post, this is illegal and will not be tolerated.

Our members reserve the right to diaplay their e-mail address solely for the purpose of making contact with, and communicating with, other members of the EB community for friendship and support purposes. The fact that these e-mail addresses are accessible by the public does not mean that they can be used by individuals or organisations for the purpose of promoting or advertising their goods or services.

I draw your attention to the following paragraph from The Spam Act:

"Consent to send electronic messages to a recipient may also be inferred where an electronic address is conspicuously published or made generally accessible to the public. This allows businesses to send CEMs to the persons work related email address regarding matters within the scope of their position. Thus, when employees addresses are specified on a firms website it should be specified that they do not wish to receive unsolicited CEMs at that address if that is in fact the case."

It is important to make the distinction that the addresses published on the EB web site are personal addresses, not business addresses, and members are not employees and do not hold any position. Therefore any business or organisation sending e-mails or PM's to members to promote goods and services is acting illegally.

Members, please contact customer service if you receive any unsolicited e-mails or PM's.

Spammers, please respect our members and the new legislation. if you fiual to do so, action will be taken.

Thanks and regards,
Deirdre

#3 *Lis*

Posted 07 November 2005 - 06:54 PM

Hi again,

If anyone is having problems with continuous spamming, you are able to lodge a direct complaint at

https://www.aca.gov.au/secure/complaint_form.htm

Thank you,
Lisa




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Life with anxiety

At times, I feel pretty worthless. In those moments, all I want to do is curl up into a ball and hide in the dark. I can try to quiet my mind, but it won?t shut up.

IVF leaves woman pregnant with another couple's twins

An Italian woman has been told the twins she is three months pregnant with are not hers.

'My mother-in-law found out our baby's gender behind our backs'

My husband and I mutually decided that we didn?t want to know our baby's sex before the birth, but his mother couldn't handle that.

What you need for the 'fourth trimester'

In my opinion, the first three months after the birth are the most intense. Here's what got me through that time after welcoming my baby.

Weaning a toddler off a dummy: a 15-day plan

Weaning your child off the dummy can be a traumatic experience for both of you. Here are some tips to help you through.

Choosing to be a solo parent

Two women share their stories of longing for a baby so much that they each decided not to wait for a partner before becoming a mum.

Asphyxia link another piece of the SIDS puzzle

An Australian study has uncovered information which could lead to a better understanding of why babies die from Sudden Infant Death Syndrome.

Rescue dog Zoey and BFF Jasper star in adorable pics

Photographer, self-professed "crazy dog lady" and mum Grace Chon takes photos of rescue dog Zoey and her 10-month-old son Jasper together. The results are just too cute. See more on Instagram @thegracechon.

The ultimate travel stroller: the Mountain Buggy nano

We tried the Mountain Buggy nano and give it an enthusiastic thumbs up. As the ultimate travel stroller, it's practical, has great features, and looks fab, too.

Mum's heartbreak as son dies in road accident

Daly Thomas and her two young sons were walking home from church on Tuesday afternoon. Her youngest son never made it.

New Kate Spade baby bag designs

Don?t adjust your screen: this bright beauty is coming to you in full colour.

Easter gifts for babies, no chocolate in sight!

If this is your little one?s first Easter you might want to mark the occasion with something a little extra special. Here are 10 Easter gift ideas, which won't harm little teeth.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Win the brand new phil&teds vibe

Check out the good looking new release of the Vibe 3 and the Verve 4-wheeler inline strollers. To celebrate their release, we have a Vibe with double kit to give away.

Baby sleep

From birth to one year and beyond, read about baby sleep, soothing techniques, routines, and sleep school experiences.

Easter gifts for babies, no chocolate in sight!

If this is your little one?s first Easter you might want to mark the occasion with something a little extra special. Here are 10 Easter gift ideas, which won't harm little teeth.

7 tips for a kid-free trip, not a guilt trip

Although I?m jumping out of my skin to take my child-free holiday, I?m dreading the goodbye. But I?m determined to make the most of it without tarnishing it with guilt or sadness about leaving the kids.

Itchibubs: clothes for babies and toddlers with eczema

Parents of children who suffer from eczema will know only too well the scratching that occurs around the clock. A new clothing range aims to help make everyone more comfortable.

Ear piercing: what age is best?

What is it that shapes our opinions on what?s an 'appropriate' age for our children to get their ears pierced? Parents share their views on how young is too young when it comes to piercing.

Caring for kids helps grandmothers stay mentally alert

Looking after grandchildren can help grandmothers ward off brain disease - but it's also possible to get too much of a good thing, researchers say.

Why I loved my third home water birth

After two water births at home, I was determined to give birth to my son the same way. I just hoped this birth would be quicker than my last two.

Revealed: 7 ways food marketers try to trick consumers

If you?re confused by food labels, you?re not alone. Next time you?re shopping for food, look out for these seven common labelling tricks.

'My mother-in-law found out our baby's gender behind our backs'

My husband and I mutually decided that we didn?t want to know our baby's sex before the birth, but his mother couldn't handle that.

 

Free Printable Activities

Keeping little hands busy

Free printable acitivity pages like colouring in, cutting, word finders, mazes, maths activities and puzzles.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.