eMarketing Code, m-commerce and Spam Act

The Australian Communications Authority has registered the Australian eMarketing Code of Practice.

The code sets industry-wide rules and guidelines for the sending of commercial electronic messages in accordance with the Spam Act 2003.

Registration means that the ACA can enforce compliance with the code rules on all members of the e-marketing industry, as defined by the Telecommunications Act 1997, and not just signatories to the code.

“The code provides a framework of practical advice and guidance for the e-marketing industry
to use e-marketing responsibly, to handle any complaints about practices that might be spamming and to monitor industry compliance,” ACA Acting Chairman Dr Bob Horton said.

“The code also provides consumers with a clear understanding of e-marketing industry
processes and benchmarks for sending commercial electronic messag

Under the Telecommunications Act 1997 e-marketers are defined as those who use e-mail or mobile telephones as their main marketing tool, or who market in this way by contract or
arrangement on behalf of a third party.  However, businesses other than e-marketers are likely to follow the code to ensure best practice and compliance with the Spam Act.

Under the Telecommunications Act, the ACA has the power to direct any e-marketer who has contravened the code to comply with it.  If an e-marketer fails to comply with a direction, the ACA can then take the matter to the Federal Court which can impose penalties of up to $250,000 for each

The ACA also recently released an m-commerce guide.

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