01 October 2008 How Replying To This Could Be Illegal
They had worries about breaching the 2003 Spam Act. Currently, their legal department is trying to determine if their communications could be considered a commerical electronic message, in which case would be against the law.
The Australian Government Department of Broadband, Communications and the Digital Economy has this to say about the issue…
The Spam Act 2003 prohibits the sending of spam, which is identified as a commercial electronic message sent without the consent of the addressee via email, short message service (SMS), multimedia message service (MMS) or instant messaging. The requirements under the Spam Act apply to all commercial electronic messages, including both bulk and individual messages.
Any message that doesn’t meet the following three conditions is defined as spam…+ Consent – The message must be sent with consent of the consumer.
+ Identify – The message must contain accurate information about the person or organisation that authorised the sending of the message.
+ Unsubscribe – The message must contain a functional ‘unsubscribe’ facility to allow you to opt out of receiving messages from that source.
I don’t know much about this area of law, but this is definitely something we should be looking into.
Anyone with some more information is always welcome to comment.