The Australian Spam Act 2003

Big Rock Complies with Anti Spam Laws

For full Spam Act 2003 information, see: Australian Communications and Media Authority, ACMA. The Spam Act 2003 prohibits the sending of unsolicited commercial electronic messages—known as spam. In plain everyday language, the Spam Act 2003 says the following.

What is a commercial message?

The Spam Act 2003 defines a commercial electronic message as:

  • offers, advertises 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.

The Act classifies an electronic message as ‘commercial’ by considering:

  • the content of the message
  • any links, phone numbers or contact information in the message that leads to content with a commercial purpose—as these may also lead the message to be defined as ‘commercial’ in nature.

There are three key steps to ensure you are not spamming.

  1. Make sure you have the consent of the recipients of the commercial electronic message
  2. Identify the business responsible for sending the commercial electronic message and how they can be contacted.
  3. Include a functional unsubscribe facility in all commercial electronic messages.

Consent
The Spam Act 2003 states that for all commercial electronic messages sent by a business or organisation, meeting the consent requirement is mandatory. There are two types of consent—inferred and express.

Consent can occur via an existing business or other relationship, where there is reasonable expectation of receiving commercial electronic messages. This is ‘inferred consent’.

Sender identification
Any commercial electronic message you send must accurately identify you, as the person or organisation that authorised the sending of the message and how that organisation can be contacted. When useing another organisation, (eg, Newsletter Ready), to send commercial electronic messages on your behalf, this third party must include accurate information about your business, i.e. name and contact details.

Mandatory unsubscribe facility
Under the Spam Act 2003, every commercial electronic message must contain a functional and legitimate ‘unsubscribe’ facility. This is an electronic address the recipient can use to tell the sender they do not wish to receive messages.

Big Rock is committed to abiding by Government legislated spam laws – this means, we adhere to all regulations.