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

 

Win a Mountain Buggy Swift

To celebrate Essential Baby reaching half a million Facebook fans, we have a Mountain Buggy Swift to giveaway to a lucky fan.

Shopping with kids: breaking the pester-power cycle

You're out shopping with your little one and they're incessantly whining that they want a treat. It's easy to say no ... the first time, at least.

eBay jacket may hold clue to murdered girl's identity

A jacket similar to the one found with the remains of a brutally murdered little girl in South Australia has been identified on eBay.

New mum forced back to work early due to paid parental leave 'technicality'

Shelley Parker had to keep driving buses until the date her baby was due and will have to rush back to work at the end of this week after being denied paid parental leave on a "technicality".

Pregnant Amanda Palmer poses naked for book drive

It has to be the most original way ever of promoting a children's book donation day.

The conception dilemma facing many parents today

Some parents who conceived through a sperm donor will be wary of telling the child, while others prefer to deal with it early on. But recent research suggests it makes little difference either way.

The wedding photo the bridesmaid would rather forget

We've probably all seen a passed-out bridesmaid at one wedding or another, but it usually happens towards the end of the night.

Pregnant TV meteorologist takes on haters

Pregnant TV meteorologist Katie Fehlinger has hit back at haters who called her a "sausage in casing".

Honest words from first-time mums

I didn't want to say anything negative to my pregnant friend, but I wish I'd been more honest.

Adorable baby experiences rain for the first time, couldn't be happier

Harper had seen rain from the comfort of indoors before, but had never had the pleasure of being outside and experiencing it first hand.

What it's really like to start a family in your fifties

Many people suppose that it must be much more tiring to have a baby in middle age, but all the mothers in the playground look exhausted, whatever their age.

'Biggest hypocrite ever': Josh Duggar admits to Ashley Madison account

An American reality TV star has been busted with a cheating website account, according to US media.

Long recovery ahead for girl hit by car weeks after baby brother's death

A little girl is more alert and starting to talk after being hit by a car a week ago, but still faces a long recovery.

How to react when a toddler lies

Q: My almost-3-year-old is starting to figure out that he can lie when asked if he ripped the book, threw the food, hit his brother, etc. Totally normal, I know. How do we respond?

The circular experience of a Centrelink client

A mum-to-be experiences the frustration of dealing with Centrelink, myGov and everything in between.

Kelly Clarkson announces live on stage: 'I'm pregnant!'

Singer Kelly Clarkson has announced she is pregnant with her second child during a concert in Los Angeles.

Hack

How to search the leaked Ashley Madison data

At least three sites are republishing Ashley Madison's user data on the public-facing internet.

Mum dances her way through labour

There are a fair few ways to distract yourself and beat pains while in labour, but it's probably a rare woman who chooses her dance her way through it.

'Rest in peace, my little lion': premmie baby Jacob passes away

Baby Jacob, whose photo of him born at just 27 weeks was deemed 'too graphic' for a fundraising site, has died.

Mum killed three young sons 'to help her daughter', prosecutor says

Niall Pilkington's death last summer apparently raised little alarm in Bellefontaine, Ohio. Tragic accidents happen, after all.

Shorter women have shorter pregnancies: study

When a group of researchers studied nearly 3500 mothers and their babies, they noticed a curious pattern.

Get your FREE Baby & Toddler Show ticket!

Get your free ticket to the Sydney Essential Baby & Toddler Show for September 25-27 - register online now.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

The worst 20 minutes of my life

Thirty seconds was all it took to turn a shopping trip into my worst nightmare.

Top baby names for England and Wales in 2014

George has overtaken William in the official rankings of most popular British baby names - and Game of Thrones is still having an impact on parents.

Baseball or baby? Dad's tough choice

What's more important, a baby or a baseball? That's a question this dad seems to struggle with.

Childbirth choices: five star or free?

It's not often you hear the words labour and luxury in the same sentence but for some, a 5-star start to parenthood is exactly what they seek. And with a number of private hospitals now offering packages which include a post-birth stay at a sumptuous first class resort, many mums are choosing to recover in style.

'Where did your boobies go, Mummy?' and other soul-destroying comments from kids

Most women carry a smidge of baby weight after giving birth. If you're lucky enough to have an older child in the house, they can keep you on track with your weight loss goals.

Do you read me, baby?

Is it too soon to be reading to my two-month-old son? If not, what should I read?

Minimising sibling rivalry when you've got a baby

Sibling rivalry is an act of competition, but if your children feel involved and special, this type of jealousy will be minimised.

Will studying on maternity leave take you away from your most important job?

I remember when I was trying to decide if I could combine motherhood and furthering my university education.

Win a Pacapod this Father's Day

To celebrate dads and families, we are giving away a Picos Pack from Pacapod Australia filled with a few extra goodies ENTER NOW

Preschooler hit by car shortly after baby brother's death

A mother has had a frantic race to the hospital after her daughter was hit by a car, just four weeks after her infant son died.

Gay couple and Thai surrogate in custody tug-of-war

A six-month-old baby girl is trapped in the Thai capital in a bitter custody wrangle between her Thai surrogate mother and her biological father.

Couple denied IVF over parenting concerns

A mother of six has been denied access to IVF treatment in order to have another child over concerns about her parenting skills.

The book that promises to put your children to sleep

Exhausted parents from around the world are singing the praises of a "miracle" book which promises to put even the most restless child to sleep in just minutes.

5 things every parent who feels guilty needs to know

Parenthood can make you feel bad, but you're not alone.

Royals criticise 'dangerous' attempts to photograph Prince George

The British royal family criticized paparazzi on Friday for what it called their increasingly dangerous attempts to photograph young Prince George.

'No jab, no play' rule to cover Victorian kindergartens and childcare centres

"Anti-vaxxers" face not being able to send their children to childcare centres or kindergarten if they refuse to have them immunised.

15,000 birthing kits on their way to developing countries

Giving birth in a hospital surrounded by medical experts is tough enough, but some women deliver babies without a clean sheet to lie on.

Photo of premmie 'too graphic', fundraising site says

When their son Jacob was born at just 27 weeks, Christina and Jeff Hinks were thrown into an uncertain world.

The latest Bugaboo collections: cool chevron and runner prams

Bugaboo sure likes to keep things fresh, and with the Australian spring/summer season coming up, there are two new Bugaboo pram releases.

Making room for two in the bed

Mum's room or their own room? Cot or bassinets? Deciding where twins will sleep can be tricky.

 

FREE TICKET

See Hi-5 LIVE in Sydney!

Get your free ticket to The Essential Baby & Toddler Show and save $20 - register online now!

 
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.