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Australian Government - Australian Communications and Media Authority

Spam

 

Financial penalties for breaches of the legislation have recently increased

Under most Commonwealth laws, financial penalties are expressed in terms of ‘penalty units’ instead of dollar figures. As an example, a maximum fine would generally be expressed as ’10 penalty units’ as opposed to ‘$1000’. The Australian Government recently increased the value of penalty units that apply to breaches of most Australian Government laws.

On 28 December 2012, the value of a penalty unit for calculating financial penalties increased from $110 to $170. The penalty unit value had not been adjusted since 1997. The civil penalties that apply for contraventions of the Spam Act 2003 are calculated using penalty units. This means that all financial penalties calculated using penalty units under the Spam Act 2003 will be higher for breaches of the legislation that occur on or after 28 December 2012.

The ACMA is currently in the process of updating its website and other information and fact sheets about the Spam Act 2003 to reflect the new higher penalty unit value.

About spam

Under the Spam Act 2003 it is illegal to send, or cause to be sent, unsolicited commercial electronic messages. The Act covers email, instant messaging, SMS and MMS (text and image-based mobile phone messaging) of a commercial nature. It does not cover faxes, internet pop-ups or voice telemarketing.

Spam is a generic term used to describe electronic 'junk mail' – unwanted messages sent to a person's email account or mobile phone.

The ACMA is responsible for enforcing the Spam Act and actively works to fight spam in Australia. This section of the ACMA’s website provides practical information and handy tips on how you can reduce and help to fight spam. It also provides advice to e-marketers to assist them in developing compliant, and effective, e-marketing campaigns.

The ACMA plays an important role in e-Security in Australia, gathering evidence and assisting in protecting Australians from computer fraud and identity theft. The ACMA also regulates internet content issues, deals with internet content complaints and provides information about mobile premium services.

Consumer warning on 'lottery scam' SMS

Have you received an SMS saying your mobile phone number has won you a prize in a lottery you didn’t enter? It's a scam.

The ACMA has received a number of reports of consumers receiving ‘lottery scam’ SMS. Some examples of these messages are provided below:

Your mobile number won $1,000,000.00.USD in the [NAME] worldwide mobile promo. Reply via sms for more info or email: madeupemail@anydomainyoulike.com, Congratulations!!"

"CONGRATS!! YOUR MOBILE NUMBER HAS WON YOU 2,000,000,00 USD IN THE FREELOTTO MOBILE PROMO.FOR CLAIMS,SEND EMAIL TO: madeupemail@anydomainyoulike.com & CALL: +44XXXXXXXXXX"

If you have received any message of this nature, or a variation of it, you should ignore it and report it to the ACMA by forwarding the message to 0429 999 888.

You should then delete the message from your phone. DO NOT REPLY TO THESE MESSAGES.

It might seem nice to think you have hit the jackpot, but it is important to remember that these messages are scams and under no circumstances should you respond to the message or provide any information, such as your name, address or your banking details. By replying to these messages, you are just confirming your mobile number to the spammer.

   

 

If you are unsure about whether you might have won something, a good indicator is to remember that it is very difficult to win a competition you didn’t enter.

Unsolicited commercial messages can be reported to the ACMA by forwarding emails to report@submit.spam.acma.gov.au and SMS to 0429 999 888.

And here are some tips to protect yourselves against these types of scams.

For more information about current scams, visit the Australian Competition and Consumer Commission’s scamwatch website at www.scamwatch.gov.au

e-marketing blog

What is the e-marketing blog?

The blog deals with different issues facing e-marketers, providing information about their obligations, as well as advice for making the most of their e-marketing campaigns.

To read or subscribe to the e-marketing blog.

Successful e-marketing...it's about reputation

The Australian Communications and Media Authority has launched a new campaign aimed at assisting businesses that use e-marketing to more successfully promote their businesses, while complying with the Spam Act. The campaign, Successful e-marketing...it’s about reputation, offers useful information and advice to e-marketers, showing that e-marketing should not be a numbers game and that compliance with the Spam Act can go a long way to enhance an organisation’s reputation.

Where can I find more information?

The following links include information for consumers and businesses about spam in Australia:

Recent findings

March 2013

  • The ACMA has given online retailer, Groupon Australia Pty Ltd, a formal warning under the Spam Act for sending emails without consent. More ...

January 2013

  • Online bookmaker Betezy Pty Limited has paid a $6,600 penalty after it sent email newsletters and SMS campaigns without including an option to unsubscribe. More ...

 

 

Last update: 14 March 2013 09:15