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On 11 April 2004, new legislation will come into effect that will make spam illegal under Australian law.
Businesses who breach the Spam Act and continue to send out spam could find themselves subject to penalties of up $1.1million for each day of infringement.
Generally, the Act means that you are prohibited from sending unsolicited commercial electronic messages that have an Australian link. This can be interpreted as any message that is sent from, or received within, Australia.
More specifically, your business's commercial electronic messages must:
- Contain accurate sender information
- Not be sent without the recipient's express or implied consent
- Offer the facility for the recipient to opt-out or unsubscribe from future correspondence.
An important point for marketers to note is that the new law also prohibits the acquisition or use of email address lists.
Businesses should be aware that the new legislation is not limited to just emails. "Electronic messages" also includes SMS (Short Message Service), MMS (Multimedia Messaging Service) and IM (Instant Messaging) communications. But at the moment, it does not appear to include standard phone or fax messaging.
There are some situations in which an unsolicited electronic message might be exempt from the legislation. For instance, messages that contain only purely factual information without any commercial message are exempt. Messages from the following groups or organisations may also be exempt:
- Government bodies
- Registered political parties
- Charities
- Religious organisations
- Educational institutions
However, the spam legislation has been designed so that if these exemptions prove to be problematic, they can be reviewed in the future.
The introduction of this legislation is likely to be a positive step forward for businesses in Australia. If it can even marginally reduce the massive costs (approx $900 per employee per year) companies currently face as a result of lost productivity from spam, it will be a welcome change. Ultimately, the key to its future success lies in worldwide compliance.
The implication for your business is that you will need to take a look at your current electronic marketing strategies and modify your campaigns so that you are compliant with the new legislation. The new Act does require added marketing vigilance, but it also presents new opportunities for innovative marketing campaigns. And that's always a good thing.
To find out how Freestylemedia can help your business implement innovative new marketing campaigns using online media, contact Fred Schebesta on (02) 9818 7300 or email fred.schebesta@freestylemedia.com.au
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