spam act Flashcards
what is the purpose of the spam act
The Spam Act 2003 prohibits the sending of unsolicited commercial electronic messages – known as spam – with an Australian link. A message has an Australian link if it originates or was commissioned in Australia, or originates overseas but sent to an address accessed in Australia.
what is the year of the spam act
2003
how are electronic messages sent by
- short message service (SMS or text message)
- multimedia message service (MMS)
- instant messaging (IM)
define a commercial electronic message
The Spam Act 2003, defines a commercial electronic message as:
- offers, advertisers or promotes the supply of goods, services, land or business or investment opportunities
- advertises or promotes a supplier of goods, services, land or a provider of business or investment opportunities
- helps a person dishonestly obtain property, commercial advantage or other gain from another person
how does the act classify an electronic commercial message
The Act classifies an electronic message as ‘commercial’ by considering:
- the content of the message
- the way the message is presented
- any links, phone numbers of contact information in the message that leads to content with a commercial purpose – as these may also lead the message to be define as ‘commercial’ in nature.
describe the unsubscribe part of the spam act
- There must be instructions on how you can opt-out of receiving messages in the message itself.
- Whatever consent you may have given to receiving commercial electronic messages, you can withdraw it if you no longer wish to receive those messages.
- You should always use the same email address to unsubscribe as that used to subscribe.
- A message sender has five working days to act on unsubscribe requests, and they will often be dealt with more quickly.
- If a message does not contain an easy to use unsubscribe facility, the message should be reported to the ACMA.
describe the part of the spam act : sender identity
Sender must clearly identify themselves. Identifying information about the message sender may be found in:
- the ‘from’ field or subject line of an email,
- the body of the message text,
- a website address and/or
- the sender identification of an SMS or MMS message.
If you can not determine who has sent the message, or feel the sender is not clearly identified, lodge a complaint with the ACMA.
what are the rules that message senders must comply with
- consent
- identification
- unsubscribe facilities
describe express consent
Express consent means you have deliberately and intentionally opted-in to receiving electronic messages from the message sender.
E.g. Ticking the box next to a statement seeking permission to send you marketing messages
what are the two types of consent
- express
- inferred
describe inferred consent
Inferred consent - consent can be inferred from your conduct or the relationship that a message sender has with you:
The message sender may decide that because you have an existing relationship, you would be interested in receiving electronic messages about similar products and services.
For example, if you subscribe to a magazine or newspaper, it could reasonably be inferred from your ongoing relationship with the publisher that you would be amenable to receiving electronic messages promoting other services the publisher may offer.
exemptions of the spam act
- Certain types of electronic messages are partially exempt from the Spam Act. Permitted messages can be from:
- government bodies
- registered political parties
- registered charities
- educational institutions (sent to current and past students and their households).
- Purely factual messages are also exempt.
- Permitted messages must still comply with the provision in the Spam Act which requires that a message must contain accurate information about the person or organisation that authorised the sending of the message, and how to contact that person or organisation.
