Do not Spam: Spam Regulations

Spam is unsolicited electronic messages which usually arrive through email or SMS.

Unwanted marketing messages is one thing, but these days spam can also be synonymous with scams, phishing and outright fraud where dangerous links and viruses can lead to identity theft and privacy breaches.

It’s no wonder Australia tightly regulates the way marketers and businesses use electronic channels to communicate with customers.

Marketers need to understand 3 core rules of Australia’s Spam Act to send emails, SMS or other electronic messages as part of their marketing mix:

1. Consent - this can be explicit or inferred

2. Identify - clearly identify your business and address

3. Unsubscribe - always offer an unsubscribe or opt out option

In April 2021, there was an update to the SPAM Regulations 2021. Now when someone receives a commercial electronic message and makes an unsubscribe request (using the unsubscribe facility  they have been directed to in the message) they should not be required to:

• Use a premium service

• Provide further personal information

• Log in to or create an account; or

• Pay a fee or charge to the sender or a related person (with some exceptions)

The Australian Consumer and Media Authority regulates spam under Australia’s Spam Act and regularly issues fines to businesses who breach spam laws.

ACMA's spam regulations

Contact ACMA to complain about SPAM

VIEW REGULATORY TERMS