Question 4: Can a business send me commercial electronic messages without my consent?
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Question 4: Can a business send me commercial electronic messages without my consent?
Answer:
Generally, no.
If the organisation sending you the message is covered by the Spam Act, it must have your consent. Your consent can be express. This means that have you actively consented to receiving messages from that organisation, for example, by ticking a box.
Under the Spam Act, consent can also be 'inferred'. For example, you have an ongoing relationship with a business and they may send you information about their products. Also, if you put your work email on the internet, a business may be able to infer that you consent to receiving commercial electronic messages, provided that they are related to the work you do. For example, if you work in IT and place your email and job title on your company's website, another business may send you messages about goods or services relating to your field of IT. The other business couldn't send you offers for unrelated matters, like holidays, real estate, competitions or medicines.
If you haven't consented, then the message is 'spam' and will generally be unlawful under the Spam Act.
Remember, if you change your mind about receiving the messages then you can unsubscribe.
Example: Giving express consent to receive legitimate commercial electronic messages
Last year, Hussein booked a holiday through a travel agent and also consented to receiving electronic messages about travel offers. These messages are not "spam", as they are sent legally (see Are there laws about spam? for an explanation of the difference between spam and legitimate commercial electronic messages).
Hussein has been happy to receive these legitimate marketing messages from his travel agent for a year, but decides to unsubscribe. However, if the travel agent does not take Hussein off its marketing list and keeps sending him messages after his attempts to unsubscribe, then any further messages sent by the travel agent become spam and Hussein can make a complaint (see, Who can I complain to about spam?).
Businesses that are sending you messages that are not covered by the Spam Act may still be covered by the Privacy Act and the National Privacy Principles in the way they handle your personal information. See Are all commercial electronic messages covered by the Spam Act?
More information
- For more information about the National Privacy Principles, see our Guidelines on the National Privacy Principles available from www.privacy.gov.au.
- For more information about commercial electronic messages, spam and consent see Information Sheet 26.
- Detailed information about the Spam Act is also available from the Australian Communications and Media Authority at www.spam.acma.gov.au.
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