23 July 2014

Australian businesses are reminded that the Spam Act 2003 requires that electronic marketing messages sent by your organisation need the consent of the recipient.

The Australian Communications and Media Authority (ACMA) has released a statement about a formal warning issued to IGEA Life Sciences for breaching the Spam Act, after consumers continued to receive emails following requests to be unsubscribed.

The Spam Act 2003 addresses unsolicited electronic messages in Australia. In particular, it sets out that commercial electronic messages must have:

  • Consent of the recipient, either expressly given or inferred from the relationship or conduct.
  • Identification - it must contain clear and accurate information about the person or organisation sending the message.
  • Unsubscribe - the function allowing the recipient to opt out from receiving the message.

For more information on emarketing (electronic marketing), the ACMA maintains an emarketing blog which offers good advice and support for businesses seeking to ensure compliance and derive value from marketing online.

If you receive emails which you think might breach the Act, you can forward these to report [at] submit.spam.acma.gov.au, and SMS spam can be sent to 0429 999 888.

Unfortunately, the majority of spam you receive, including hoax emails, SMS scams and other malicious messages, tends to originate from outside Australia, usually from places with poor enforcement or regulation of electronic messaging, and is not covered by Australian law.

More information

Stay Smart Online has more information about scams and managing spam.

The information provided here is of a general nature. Everyone's circumstances are different. If you require specific advice you should contact your local technical support provider.


Thank you to those subscribers who have provided feedback to our Alerts and Newsletters. We are very interested in your feedback and where possible take on board your suggestions or requests.


This information has been prepared by Enex TestLab for the Department of Communications ('the Department'). It was accurate and up to date at the time of publishing.

This information is general information only and is intended for use by private individuals and small to medium sized businesses. If you are concerned about a specific cyber security issue you should seek professional advice.

The Commonwealth, Enex TestLab, and all other persons associated with this advisory accept no liability for any damage, loss or expense incurred as a result of the provision of this information, whether by way of negligence or otherwise.

Nothing in this information (including the listing of a person or organisation or links to other web sites) should be taken as an endorsement of a particular product or service.

Please note that third party views or recommendations included in this information do not reflect the views of the Commonwealth, or indicate its commitment to a particular course of action. The Commonwealth also cannot verify the accuracy of any third party material included in this information.


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