ACMA issues Spam Act formal warning to Image Marketing Group | ACMA

ACMA issues Spam Act formal warning to Image Marketing Group

ACMA media release 92/2011 – 7 September

Image Marketing Group Limited (IMG) has been issued with a formal warning following an investigation by the Australian Communications and Media Authority that found the New Zealand company breached Australia's spam laws by sending marketing messages to email addresses located on the internet.

IMG had assumed that, because some of the email addresses it used were published on various websites, it was entitled to market to them. However, spam laws only allow marketers to use an email address in this way if they can show where it has been 'conspicuously published', and if the messages they send are directly relevant to the owner of the address.

In addition, marketers must take notice of any statements which indicate that e-marketing is unwelcome. In this case, Image Marketing Group did not demonstrate that its messages were relevant to the recipients.

'Conspicuous publication' is the latest discussion topic on the ACMA's e-marketing blog. The e-marketing blog is a key part of the ACMA's recently launched campaign-'Successful e-marketing…it's about reputation'- which provides examples from real complaints highlighting that e-marketing to recipients who do not want to receive your emails is not likely to be a successful business strategy.

To sign up for the blog and to get further information about 'Successful e-marketing…it's about reputation,' go to

Email spam can be forwarded to the ACMA's spam intelligence database at, and SMS spam can be forwarded to the ACMA's Spam SMS service on 0429 999 888.

For more information or to arrange an interview please contact: Emma Rossi, Media Manager, on (02) 9334 7719, 0434 652 063 or

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The ACMA is Australia's regulator for broadcasting, the internet, radiocommunications and telecommunications. The ACMA's strategic intent is to make communications and media work in Australia's public interest. For more information:

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Last updated: 15 April 2016