Spam Act 2003
Encyclopedia
The Spam Act 2003 was passed in 2003 as federal legislation by the Parliament
of the Commonwealth of Australia. The first portions of the act came into effect on 12 December 2003, the day the act received Royal Assent
, with all remaining sections of the act coming into force on 10 April 2004.
Its purpose is to set up a scheme for the regulation of commercial e-mail
and other types of commercial electronic messages. It restricts spam
, especially e-mail spam
and some types of phone spam, as well as e-mail address harvesting
, however there are broad exemptions. It is enforced by the Australian Communications and Media Authority
(ACMA).
This case has potentially created some significant case law which may aide future actions under the act. In his ruling on the case, Hon Justice Robert Nicholson AO looked at the key defence of the respondent in the matter, being Retrospective Application of provisions under the act relating to the acquisition and use of harvested address lists. His ruling in the matter noted specifically that lists gathered or acquired prior to the act coming into force are still subject to the legislation. It also clearly struck down the respondents defence that he had obtained consent to use the gathered addresses for the defined purpose, and also noted a lack of compliance with the provisions of the act requiring the provision of a functional unsubscribe facility.
The Australian Communications Authority is now called the Australian Communications and Media Authority
.
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
of the Commonwealth of Australia. The first portions of the act came into effect on 12 December 2003, the day the act received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
, with all remaining sections of the act coming into force on 10 April 2004.
Its purpose is to set up a scheme for the regulation of commercial e-mail
E-mail
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
and other types of commercial electronic messages. It restricts spam
Spam (electronic)
Spam is the use of electronic messaging systems to send unsolicited bulk messages indiscriminately...
, especially e-mail spam
E-mail spam
Email spam, also known as junk email or unsolicited bulk email , is a subset of spam that involves nearly identical messages sent to numerous recipients by email. Definitions of spam usually include the aspects that email is unsolicited and sent in bulk. One subset of UBE is UCE...
and some types of phone spam, as well as e-mail address harvesting
E-mail address harvesting
Email harvesting is the process of obtaining lists of email addresses using various methods for use in bulk email or other purposes usually grouped as spam.-Methods:...
, however there are broad exemptions. It is enforced by the Australian Communications and Media Authority
Australian Communications and Media Authority
The Australian Communications and Media Authority is an Australian government statutory authority within the Department of Broadband, Communications and the Digital Economy portfolio...
(ACMA).
Outline
The key points of the act provide that:- Unsolicited commercial electronic messages must not be sent unless it is a designated commercial electronic message defined at Schedule 1 of the act.
- Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.
- Commercial electronic messages must contain a functional unsubscribe facility.
- Address‑harvesting software must not be supplied, acquired or used.
- An electronic address list produced using address‑harvesting software must not be supplied, acquired or used.
- The main remedies for breaches of this Act are civil penalties and injunctions.
Australian Communications Authority v Clarity1 Pty Ltd ABN 60 106 529 604 & Anor
- Case Information at the Federal Court of AustraliaFederal Court of AustraliaThe Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
(File WAD155/2005) - Copy of Decision at the Australasian Legal Information Institute
This case has potentially created some significant case law which may aide future actions under the act. In his ruling on the case, Hon Justice Robert Nicholson AO looked at the key defence of the respondent in the matter, being Retrospective Application of provisions under the act relating to the acquisition and use of harvested address lists. His ruling in the matter noted specifically that lists gathered or acquired prior to the act coming into force are still subject to the legislation. It also clearly struck down the respondents defence that he had obtained consent to use the gathered addresses for the defined purpose, and also noted a lack of compliance with the provisions of the act requiring the provision of a functional unsubscribe facility.
The Australian Communications Authority is now called the Australian Communications and Media Authority
Australian Communications and Media Authority
The Australian Communications and Media Authority is an Australian government statutory authority within the Department of Broadband, Communications and the Digital Economy portfolio...
.
External links
- Spam Act 2003 at the Australasian Legal Information Institute
- DCITA spam home
- ACMA spam home
- Information about the spam laws from the EFA
- (www.comlaw.gov.au/Details/C2005C00382)