Review of the telemarketing and research calls industry standard
The Australian Communications and Media Authority (the ACMA) is reviewing the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007 (the standard).
Following initial consultation with stakeholders, the ACMA has drafted a revised standard and released the Proposed revisions to the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007 (the second discussion paper) seeking views on the proposed revisions.
In December 2010, the ACMA released the first discussion paper inviting comment on the effectiveness of the standard in balancing community and industry expectations in relation to the making of telemarketing calls. The closing date for submissions was 10 February 2011.
The ACMA received 34 written submissions and these were considered when drafting the proposed revisions to the standard.
The second discussion paper provides a summary of the findings arising from the submissions received and other information to assist in considering the revised standard. It seeks comment on the revised standard.
The ACMA will consider submissions received in response to the second discussion paper when finalising the revised standard. It is anticipated the revised standard and an accompanying explanatory statement will be made by September 2011 and be registered on the Federal Register of Legislative Instruments (www.frli.gov.au) and placed on the ACMA website.
The timeframe for the finalisation of the revised standard is indicative only and may be subject to change, depending on the issues raised in submissions and other matters.
Enquiries about the process for the review of the standard should be directed to donotcallsubmissions@acma.gov.au or 03 9963 6765.
Background
The Australian Communications and Media Authority (the ACMA) is responsible for establishing and overseeing the operation of the Do Not Call Register. Under the Do Not Call Register legislation and relevant sections of the Telecommunications Act 1997 (the Telecommunications Act), the ACMA is responsible (amongst other things) for developing and establishing a national standard for minimum levels of conduct by telemarketers.
Telemarketing and research calls industry standard
The standard regulates the making of telemarketing and research calls (together referred to as 'telemarketing calls') to Australian telephone numbers.
The Standard applies to:
- all telemarketing calls made to an Australian number to offer, advertise or promote goods, services, interests in land, business opportunities or investments, or to solicit donations
- all research calls to conduct opinion polling and to carry out standard questionnaire-based research
- calls made for the above purposes by public interest entities (such as charities, registered political parties, and religious organisations) who are exempt from the general prohibition on calling numbers listed on the Do Not Call Register when making specific types of telemarketing calls.
Subsection 125A(1) of the Telecommunications Act identifies the four specific areas that must be covered by the standard. These are:
- the days and times at which telemarketing calls may be made or attempted to be made
- requiring that telemarketing calls must contain specified information about the telemarketer or the person who authorised the call to be made
- requiring a telemarketer to terminate a telemarketing call in certain circumstances
- requiring the telemarketer to ensure that calling line identification is enabled when making a telemarketing call.
A copy of the standard is available.
Discussion paper
The discussion paper is available in PDF or Word formats.
The closing date for submissions was Monday 11 July 2011.
Submissions
The ACMA received 29 submissions in response to the second discussion paper and these will be considered when finalising the revised standard.
Publication of submissions
In general, the ACMA publishes all submissions it receives.
The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for confidentiality claims.
The ACMA will consider each claim for confidentiality on a case by case basis. If the ACMA accepts a confidentiality claim, it will not publish the confidential information unless required to do so by law.
When can ACMA be required by law to release information?
Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another body or agency, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.
