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Mr Daryl Williams Media Release

BUSINESS GUIDES TO COMBAT SPAM




27 February 2004
17/04

Australian businesses now have two simple guides to help ensure they comply with new legislation to combat spam.

As part of the Australian Government's multi-layered approach to this global menace, anti-spam legislation will take effect from 10 April 2004.

The Spam Act 2003 prohibits the sending of unsolicited commercial electronic messages that have an Australian link. This means that commercial spam, sent by mobile phones as well as by e-mail, is not permitted to originate from Australia and or to be sent to Australian addresses from other countries.

For most businesses, the impact of the legislation will be minimal because its requirements reflect current best practice in most areas.

But I encourage all businesses that use electronic mail to consult The Spam Act 2003: A Practical Guide for Business and The Spam Act 2003: An Overview to ensure that they comply with anti-spam requirements. The Overview is a shorter guide designed for small business.

These easy-to-read guides have been developed in consultation with stakeholders including the Internet Industry Association, the Australian Direct Marketing Association and others.

Under the legislation, businesses using electronic mail must ask themselves three key questions:

  • Has the recipient given inferred or express consent to receive the message?

  • Has the business sending the message accurately identified itself?

  • Can the recipient clearly opt-out or "unsubscribe" from future messages?

The guides provide advice on what to do if your business does not comply with the Spam Act and directions to more detailed information if you need it.

I was pleased to officially launch the guides this morning at the National Office for the Information Economy's (NOIE's) Spam Law Implementation Forum in Sydney.

This Government and industry forum will explore the issues and opportunities that might arise with the implementation of the Spam Act. And it will help the Government build on the legislation by exploring other avenues for tackling spam, including ways industry can work with Government to address the problem.

Legislation alone will not stem the tide of spam. Effective action must also include international cooperation, public education, technical counter-measures and partnerships with key industry sectors. The Government is actively exploring all of these options.

Other resources to help the community deal with spam, including material for consumers and educational institutions and guides to the legislation for government agencies, are currently being developed.

The Spam Act 2003: A Practical Guide for Business and The Spam Act 2003: An Overview are currently being distributed by NOIE through a range of industry associations and in conjunction with industry briefings on the Spam Act.

An electronic copy of the guide is available through the NOIE Spam web page. Hard copies can be obtained by e-mailing Spam.comments@noie.gov.au .

For the latest information and resources relating to spam visit the NOIE Spam Page on the NOIE website http://www.noie.gov.au/projects/confidence/Improving/spam.htm .


Media Contact: Carina Tan-Van Baren (02) 6277 7480 or 0439 425 373