In 2023, several large businesses were heavily penalised for not adhering to the Spam Act 2003 legislation. This included the likes of CommBank, DoorDash and MyCar, and the breaches were primarily because of email and SMS marketing and the difficulty for consumers to unsubscribe.  

Are you aware of the rules around the Spam Act and how it can impact your campaigns?   

Practical implications for marketing campaigns 

• Email campaigns: Ensure email databases are built through opt-in methods. All emails sent should include clear sender identification and a functional unsubscribe link. 

• SMS marketing: SMS marketing requires consent to contact the consumer, sender identification, and an easy way for recipients to opt-out of future messages. 

• Data management: Implement robust data management practices to ensure personal information is handled according to both the Spam Act and the Australian Privacy Principles (APPs) – find out more about the 13 APPs here. 

Communicators who are across the spam rules for marketing will be able to deliver more effective campaigns that in turn will build stronger relationships with their audiences.  

In your next marketing campaign, make sure you include:  

1. Opt-in requirement: Gain explicit or inferred consent from recipients before sending commercial messages. This typically involves using clear opt-in mechanisms on websites, forms, and other consumer interaction points. If you have a membership database, it should be made clear that they will receive information and updates from you.  
2. Clear identification: Build transparency and trust with recipients so they know who is contacting them and why. 
3. Easy unsubscribe options: A simple and effective unsubscribe option in all commercial electronic messages is essential. Respecting unsubscribe requests promptly is crucial to maintaining compliance and consumer trust. 

In conjunction with the APPs, personal information must be handled responsibly. This includes not using harvested addresses (email addresses illegally collected in bulk, often through automated means) and ensuring all data collection and usage complies with privacy laws. 

Violating the Spam Act can result in substantial penalties i.e. millions of dollars in fines. The Australian Communications and Media Authority (ACMA) is responsible for enforcing the Act and can issue fines, infringement notices, or take legal action against offenders. 

Consumers are increasingly aware of their rights and the value of their personal information. Businesses should respect these rights and must comply with the Spam Act. Demonstrating a commitment to ethical practices will help to foster long-term trusted relationships with consumers.