Human Rights & Spam

Question 1

What is the name and year of the Victorian human rights act?

Answer 1

Charter of Human Rights & Responsibilities Act (Vic) 2006.

Question 2

What are the three relevant sections of the Charter of Human Rights & Responsibilities Act (Vic) 2006?

Answer 2

• Section 13 - Privacy and reputation
• Section 14 - Freedom of thought, conscience, religion and belief.
• Section 15 - Freedom of expression.

Question 3

What rights are outlined in Section 13 of the Charter of Human Rights & Responsibilities Act (Vic) 2006?

Answer 3

A person has the right:
• not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily interfered with.
• not to have his or her reputation unlawfully attacked.

Question 4

What is outlined in Section 14 of the Charter of Human Rights & Responsibilities Act (Vic) 2006?

Answer 4

Every person has the right to freedom of thought, conscience, religion and belief. A person must not be coerced or restrained in a way that limits his or her freedom to have or adopt a religion or belief in worship, observance, practice or teaching.

Question 5

What is outlined in Section 15 of the Charter of Human Rights & Responsibilities Act (Vic) 2006?

Answer 5

• Every person has the right to hold an opinion without interference.
• Every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Victoria and whether orally, in writing, in print, by way of art, or in another medium chosen by him or her.

Question 6

What special duties and responsibilities are attached to the right of freedom of expression?

Answer 6

The right may be subject to lawful restrictions reasonably necessary:
• to respect the rights and reputation of other persons
• for the protection of national security, public order, public health or public morality.

Question 7

What year was the Spam Act legislated in?

Answer 7

2003.

Question 8

What does the Spam Act do?

Answer 8

It sets up a scheme for regulating commercial e­mail and other types of commercial electronic messages.

Question 9

What cannot be distributed under grounds of the Spam Act 2003?

Answer 9

Unsolicited commercial electronic messages must not be sent.

Question 10

Under the Spam Act of 2003, what must commercial electronic messages contain?

Answer 10

• Information about the individual or organisation who authorised the sending of the message.
• A functional unsubscribe facility.

Question 11

What are the rules for addressharvesting software under the 2003 Spam Act?

Answer 11

• Address­harvesting software must not be supplied, acquired or used.
• An electronic address list produced using address­harvesting software must not be supplied, acquired or used.

Question 12

What are the main penalties for breach of the Spam Act?

Answer 12

Civil penalties and injunctions.