The Minister for Communications, Information Technology and the Arts, Senator Helen Coonan, has tabled in Parliament a report on the review of the Spam Act 2003.

The review found that the Australian Communications and Media Authority (ACMA) has undertaken effective and appropriate enforcement of the Spam Act.

Key findings include:

• the percentage of worldwide spam originating from Australia has decreased since the enactment of the Spam Act;
• The Spam Act has been actively enforced by ACMA and the first prosecution under the legislation was successfully undertaken in the Federal Court in April 2006 (against Clarity1). In addition, ACMA has issued 10 formal warnings and thirteen fines and infringement notices of more than $20, 000 to businesses for email and SMS marketing in contravention of the Spam Act. ACMA has required more than 600 businesses to make changes to their email and SMS marketing practices to comply with the Act;
• Despite Australia’s activity against spam, it remains a problem. It is estimated that between 60 per cent and 80 per cent of worldwide email traffic is spam, and spam sent through other media, such as SMS, is on the rise.
• The majority of spam received in Australia is of overseas origin, and it has become apparent that spam has become increasingly malicious—either attempting financial fraud, or carrying viruses, trojans or other code to compromise computer security.
• The review found that the current coverage of the Spam Act, as it applies to commercial messages, is appropriate. There is no need to extend the prohibition to capture all unsolicited messaging.
• The Government will consult on extending regulation to faxes.

ALSO SEE: Internet Industry Spam Code of Practice