There are two things to know about the Spam Act.
How should a company, doing business in Australia, approach this law? Carry on spamming and hoping for the best IS NOT AN OPTION BECAUSE:
If your abject apology has not worked, paying the fixed penalty may be the easier and cheapest way. However, before putting your hands up, consider the following questions:
1. Did you have implied consent?
You must have the addressees consent, however under the Act this can be express or implied; this means that if you had a pre existing relationship with the addressee, it is reasonable to expect that they would consent to being told about your new products.Â At the extreme end, businesses that have used mailing lists in the past and contacted people may be able to claim implied consent to qualify that address list.Â For new businesses, it may be a matter of getting consent, individual by individual.
2. Was the spam message selling anything?
The Act targets spam messages, which try to sell something.
Useful information such as maps or explanations of a new law for instance will not fall under the Act.
The Internet, as a marketing tool, cannot be ignored by any modern business. However, you must be careful and, where bulk email is concerned, be responsible.
This is a only guide and if after reading this, you feel you are sailing close to the wind, speak to your lawyer.
sponsored by Brennans solicitors - a Queensland, Australia law firm - Individual Liability limited by a scheme approved under professional standards legislation.
ABN 60 583 357 067
Please see the copyright notice and legal disclaimer