We’ve listed the three steps your business
should follow to satisfy the requirements of
the Spam Act.
When reviewing your business practices and
the content of your commercial messages to
ensure you comply with the Spam Act, you
should consider the following three steps.
STEP 1 - CONSENT
Your commercial messages must only be
sent when you have consent.
This may be express consent from the person
you wish to contact – a direct indication
that it is okay to send the message, or
messages of that nature.
It is also possible to infer consent based
on a business or other relationship with the
person and their conduct.
STEP 2 - IDENTIFY
Your commercial messages must always
contain clear and accurate identification of
who is responsible for sending the message
and how they can be contacted.
It is important for people to know who is
contacting them and how they can get in
touch in return. This will generally be the
organisation that authorises the sending of
the message, rather than the name of the
person who actually hits the “send” button.
Identification details that are provided
must be reasonably likely to be accurate for
a period of 30 days after the message is
sent. This would be a consideration if the
business was about to change address.
STEP 3 - UNSUBSCRIBE
Your commercial messages should contain
an unsubscribe facility, allowing people to
indicate that commercial messages should not
be sent to them in future. This could be as
simple as a line in your message saying “If
you wish to opt out from future messages,
send a reply with the subject UNSUBSCRIBE”.
After a person indicates that they wish to
unsubscribe, you have five working days to
honour their request. Similar to the
identification of the message’s sender (step
2, above) the unsubscribe facility must be
reasonably likely to remain accurate and
functional for a 30 day period. It need not
be an automated process, but should be
Source: National Office for the Information
[Current as at June 2003.]
This does not constitute