If you are part of a business or organisation planning to send email, SMS (text message), MMS (imaged-based text message) or instant messages to current or prospective customers, you must understand and meet the following three key requirements of the Spam Act 2003:
Consent—the message must be sent with the recipient's consent. The recipient may give express consent, or under certain circumstances, consent may be inferred from their conduct, or an existing business or other relationships.
Identify—the message must contain accurate information about the person or organisation that authorised the sending of the message and how to contact them.
Unsubscribe—the message must contain a functional 'unsubscribe' facility to allow the recipient to opt out from receiving messages from that source in the future. Unsubscribe requests must be honoured within five working days.
In this section, you’ll also find more details about:
The Spam Act
Address-harvesting and cold calling.