Home Resources Warning Bells on Spam Act Violations Compliance Warning Bells on Spam Act Violations Sarla Fernando: “If a consumer is asking to be removed off a list, they mean it.” The Australian Communications and Media Authority (ACMA) is sounding the alarm for advertisers to adhere to regulations this festive season, as the watchdog intensifies its scrutiny of brands during the year-end sales period. In anticipation of Black Friday and the upcoming Christmas sales, ACMA has issued a comprehensive compliance reminder to the entire industry, prompted by an increasing number of compliance violations by various brands. This cautionary move follows the recent imposition of a $1.3 million fine on Kmart by the regulatory body, alleging the dispatch of over 200,000 emails to individuals who had previously unsubscribed from the mailing list. Notable penalties have this year also been levied against Commonwealth Bank and DoorDash, with associated penalties of $3.55 million and $2 million, respectively, for their breaches of spam regulations. However, it was ACMA's decision to fine Ticketek $500,000 in October for recurrent spam violations that should put marketers on heightened alert. One aspect of this investigation focused on where a transactional / factual message was found to have been “a commercial electronic message’ in nature, thereby putting it within scope of the Spam Act. The distinction is a delicate one that is coming under increased scrutiny and has put many businesses on alert. ADMA’s director of regulatory and advocacy, Sarla Fernando, message to the industry is to not look just at the penalty in terms of the fine issues for these breaches as this is just a component of the consequences of a breach of the Spam Act. “The fine is only one element of what it costs the business. Once a business is found to be in breach, it then has to undergo an enforceable undertaking, which involves training programs, processes, audits, check ins with the ACMA for three years, and this could also include having consultants coming in each year to verify your processes. “It’s a very costly affair… I think that’s what needs to be educated a bit more in the market.” Fernando considers ACMA’s warning is a “timely reminder” to marketers “to ensure that your marketing distribution lists are up to date, that you’ve done regular quality assurance, that you make sure that your unsubscribe mechanisms are working, and that they’re synchronised across all of your databases. “And I think it’s really important to understand that if a consumer is asking to be removed off a list, they mean it.” Despite the Spam Act being around since 2003, companies are still getting it wrong. A less forgiving posture from the industry regulator and consumers, should be expected. If you or your teams need a refresher on the Spam Act and all things compliance, we highly recommend ADMA’s Privacy and Compliance for Marketers Course as a “must do”. With our End of Year sale running until 15 December, there couldn’t be a better time to set yourself up for success. Don’t let your business be the next compliance breach headline. 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Filter Resources Filter Courses Capability Capability Campaign Integration Compliance Customer Experience Marketing Technology Insights Learnings Brand Development Content Format Content Format Information sheet Member-only Press-release Article Blog Case Study Data Event Infographic Media Coverage Research Tool-kit Video Webinar Whitepaper Topics Topics CMO Spotlight Global Forum Global Forum 2023 Privacy series Resource Compliance Resources CEO Blog Compliance Regulatory Content Copywriting Creative Data Data-driven Marketing Digital Campaigns Leadership Social Media Thought Leadership Article 27th Mar 2025 8 mins How marketers can collaborate with legal in the great privacy overhaul With the first wave of Privacy Act reforms now in effect, privacy compliance has become a high-stakes issue for Australian businesses and marketers are right in the middle of it. Sarah Waladan, Head of Regulatory and Advocacy at ADMA, explains why legal teams need to treat marketing as a frontline compliance function - not an afterthought. Article 27th Mar 2025 9 mins The Weakest Link Series: The Consumer The role the consumer plays in the data privacy chain is a pivotal one. In this article series, we will deep dive into each of the links in the chain, assess the areas for improvement and how marketers can help strengthen the chain overall through their own roles. Article 27th Mar 2025 14 mins The Privacy Series: The Scams Prevention Framework With the number of scams or attempted scams targeting Australians on a daily basis, in February 2025 the Australian Government took action and passed the Scams Prevention Framework Bill (2024). In this latest edition of the Privacy Series, we will explore the new Scam Prevention Framework and what impact it will have on marketers. Article 27th Mar 2025 16 mins Regulatory Spotlight: Navigating data privacy, AI and compliance with Peter Leonard In this edition of ADMA’s Regulatory Spotlight, we speak with Peter Leonard, an expert in data and technology and Chair of ADMA’s Regulatory and Advocacy Working Group. Article 18th Mar 2025 8 mins Why Australian businesses don’t need to wait for AI regulation As AI adoption accelerates, Australian businesses are grappling with questions of responsibility, risk, and regulation - with many not recognising that existing legal frameworks already provide a solid foundation for responsible AI use. Dr. Rob Nicholls, Manager, Regulatory and Advocacy at ADMA, explores how businesses can take a proactive approach. Article 30th Jan 2025 15 mins The Privacy Series: Understanding Consent To help marketers prepare for the impact that the privacy reforms will have on the industry and our practices, we have created The Privacy Series. Each month we will deep dive into one of the key principles set to reshape the Privacy Act to understand what they mean for marketers and their businesses. Load More
Article 27th Mar 2025 8 mins How marketers can collaborate with legal in the great privacy overhaul With the first wave of Privacy Act reforms now in effect, privacy compliance has become a high-stakes issue for Australian businesses and marketers are right in the middle of it. Sarah Waladan, Head of Regulatory and Advocacy at ADMA, explains why legal teams need to treat marketing as a frontline compliance function - not an afterthought.
Article 27th Mar 2025 9 mins The Weakest Link Series: The Consumer The role the consumer plays in the data privacy chain is a pivotal one. In this article series, we will deep dive into each of the links in the chain, assess the areas for improvement and how marketers can help strengthen the chain overall through their own roles.
Article 27th Mar 2025 14 mins The Privacy Series: The Scams Prevention Framework With the number of scams or attempted scams targeting Australians on a daily basis, in February 2025 the Australian Government took action and passed the Scams Prevention Framework Bill (2024). In this latest edition of the Privacy Series, we will explore the new Scam Prevention Framework and what impact it will have on marketers.
Article 27th Mar 2025 16 mins Regulatory Spotlight: Navigating data privacy, AI and compliance with Peter Leonard In this edition of ADMA’s Regulatory Spotlight, we speak with Peter Leonard, an expert in data and technology and Chair of ADMA’s Regulatory and Advocacy Working Group.
Article 18th Mar 2025 8 mins Why Australian businesses don’t need to wait for AI regulation As AI adoption accelerates, Australian businesses are grappling with questions of responsibility, risk, and regulation - with many not recognising that existing legal frameworks already provide a solid foundation for responsible AI use. Dr. Rob Nicholls, Manager, Regulatory and Advocacy at ADMA, explores how businesses can take a proactive approach.
Article 30th Jan 2025 15 mins The Privacy Series: Understanding Consent To help marketers prepare for the impact that the privacy reforms will have on the industry and our practices, we have created The Privacy Series. Each month we will deep dive into one of the key principles set to reshape the Privacy Act to understand what they mean for marketers and their businesses.