Anti-Spamming Legislation

29 September 2007 - Cairns Slane News Spring 2007

New Anti Spam Legislation

The new Unsolicited Electronic Messages Act 2007 comes into force on 5 September. The Act applies to commercial electronic messages that market or promote something. This means all email, text messages and instant messages.

From 5 September you may only send commercial electronic messages if you:

a)         have the recipient's consent,

b)         identify yourself as the sender

c)         include an unsubscribe facility

d)         include your contact details.

You only have to get consent once and it doesn't matter how you get it – by email, through your website, over the phone, using a tick box on a form, or letting them add themselves to your mailing list electronically. You will need to keep records on when and how you got consent. 

Providing an unsubscribe facility means you have to tell your recipients, in the message you are sending, how they can remove themselves from your mailing lists. This might mean they need to email, phone or write to you requesting to be removed.  Many websites have an automatic facility. You must comply with their request within five working days.

If you have a real business relationship with the person, you may be able to infer their consent.  But if you have just got their name and details from the phone book or a mailing list then you need their explicit consent to continue sending them information.

The Act applies whenever there is a NZ link, for example if you, the recipient or the sending device are in NZ.  So you can’t have messages sent from overseas to avoid the new rules.

The penalties imposed by the Department of Internal Affairs can range from formal warnings to fines up to $2,000. Also, the DIA and anyone affected by the message can take the sender to court, where damages of up to $500,000 can be awarded.

If you would like any more information or advice on the new rules, please contact Ian Gordon.