Spam Act 2007

Information supplied by Tom Donaldson. GrownUps accepts no responsibility for its accuracy or actions taken as a result of the article and the views expressed do not necessarily reflect those of GrownUps.co.nz.

If you run a company, or work at a not for profit organisation you need to be ready for this Act before the 5th September.

The Unsolicited Electronic Messages Act (commonly known as the Spam Act) comes into force on the 5th September 2007. It is important that after 5th September you ensure your organisation does not send out any electronic messages that are Spam or you could potentially be fined up to $500,000.

The good news

The Spam Act is a good first step in helping to reduce the amount of Spam Mail we receive in our email in-box, or via text messages. It basically makes it illegal to send out “commercial electronic messages” to anyone unless you have consent to send them the message.

The other good news is it is relatively easy to comply with the Spam Act and in case you need more information we have a link to a great practical guide you can purchase.

Will the Spam Act stop all electronic junk mail?

Unfortunately we need to be realistic and recognise it will not stop all the spam mail that hits our email from overseas. However, the government belief we will now be in a stronger position to work with other countries in targeting international spammers.

What is covered by the Spam Act?

The Spam Act covers electronic commercial messages that promote or market; products, services, land or a business opportunity or investment. The messages can be sent via:
• Email (includes links to a web site promoting the above and email newsletters)
• Instant Messaging or Text Messages
• Multi-media messages in the form of data, speech, music, sound or images.
The Spam Act does not cover fax messages or telephone calls (so the bad news is you will still get those telemarketers calling you just when you sit down for supper.)

What else is excluded from the Spam Act?

There are several situations where the Spam Act does not apply, including:
• Sending out an estimate to someone that has requested the information.
• Information provided as part of completing a normal business transaction.
• Warranty information and product recalls.
• Information linked to your utility account, bank account or club membership.

What types of consent do you require to send out messages?

The Spam Act defines three different types of consent, but the main two will be:
• Express consent – where someone confirms they want to receive information including newsletters. This can be via emailing confirmation (known as “opting in”), or completing a membership application form.
• Inferred consent – this is where there is a connection between sender and the recipient. For example your connection with your bank, utility company or your membership of Grown Ups.

Further sources of information.

This article can only give you an overview of the main aspects of the Spam Act.

If your company, club or other not for profit organisation sends out a newsletter or information on products, services or events it is important to make sure you fully comply with the Act.

The e-Book “The Spam Act NZ – 5 Simple steps to Comply” has 20 pages of practical advice on how to ensure your organisation complies. The book includes checklists, advice on how to make sure you have consent from your customers or members and sample cases studies that give examples of situations that comply and other situations that do not comply with the Spam Act. The book is available for $7.99 with 10% of all sale revenue going to a Childrens’ Orphanage. The book can be purchased online at www.spamact.co.nz

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