In an electronic age where more and more marketing is done via email, instant messaging and SMS, it’s essential that business operators know the legislation in regard to spam. Under the Spam Act 2003, spam is described as unsolicited commercial electronic messaging. There are heavy fines of up to $220,000 and repeat offenders can face fines of up to $1.1 million.
Commercial electronic messages can be sent legitimately but they are considered spam if they are sent without the consent of the recipient. It’s not that well known, but a single message can breach the spam laws. It doesn’t need to be sent or received in bulk.
Tips for complying with the anti-spam legislation
· Get consent: Electronic messages can only be sent if you have the express or inferred consent from the recipient.
· Provide clear and accurate identification: Your messages must include identification of who is responsible for sending the message and how they can be contacted. This means the organisation authorising the sending of the message as opposed to the individual actually hitting the send button.
· Let people unsubscribe: If you send out an electronic newsletter or product updates, give people the choice (and an easy way) to opt out or unsubscribe from these receiving these messages in the future. For example, consider including a sentence such as: “If you wish to opt out of future messages, send a reply with the subject UNSUBSCRIBE”.
· Deal with requests to unsubscribe promptly. Requests which are not dealt with within five working days may be considered in breach of the Spam Act.
For more information about dealing with spam and anti-spam legislation, visit the Consumer Information page at the Australian Communications Authority website (www.aca.gov.au/consumer_info) and get a copy of The SPAM Act 2003: A practical guide for business.
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