Spam

Spam is a term used to describe electronic junk mail – unwanted messages sent to your email account , mobile phone or other electronic address . These messages vary, but are essentially commercial and often annoying in their sheer volume. They may try to persuade you to buy a product or service, visit a website where you can make purchases – some may attempt to trick you into providing money or your bank account details.

Spammers flood the internet with literally billions of unwanted email messages that clog mailboxes and waste time. Many spam messages also contain material that is offensive or fraudulent; some even spread computer viruses and may also be used to turn your computer into a Zombie

The Spam Act

Australia has legislation prohibiting spam. The legislation also provides rules for sending legitimate commercial messages. The Spam Act 2003 applies to commercial messages, sent by email, short message service (SMS), multimedia message service (MMS) and instant messaging (iM).

Under the Spam Act, a commercial electronic message is one that offers or advertises the supply of goods or services, land, business or investment opportunities. It may also be a message that directs the recipient to a website or physical location where such an offer is made.

Sending legitimate commercial electronic messages

It is important to ensure that the way you manage emails and other electronic communications is compliant with the Spam Act.

The person responsible for sending the message needs to ensure that they comply with the main requirements of the Spam Act. If the message is commercial in nature, or it contains a link to a website that contains commercial content, it is important to ensure that the message:

• is sent with the consent of the recipient
• clearly identifies the sender and provides a way for the recipient to contact them; and
  provides an unsubscribe facility that allows the recipient to opt-out of receiving future messages.

Exclusions—‘Designated Commercial Electronic Messages’

Some limited exceptions from certain requirements of the Spam Act apply to particular types of electronic messages. These are messages that are sent by:

• government bodies;
• registered political parties;
• charities;
• religious organisations; or
• educational institutions in certain circumstances.

These messages are not required to have the addressee’s consent but must still accurately identify the sender. The message must also be in respect of goods or services that are being supplied by one of the organisations listed above. Purely factual messages, such as a product recall notice, are also exempt from the consent requirement.Whether the message qualifies for this exemption or not, it is important to note that the rules of consent, identify and unsubscribe provided by the Spam Act represent best practice when using electronic communications.

Further information on the requirements of the Spam Act is available from www.dbcde.gov.au/spam.

You need to take care that you understand and follow your legal obligations when sending unsolicited emails to ensure that you are not inadvertently creating spam.

Tricks to reduce incoming spam

Techniques that will aid in reducing incoming spam include protecting your email address and mobile phone number, using filtering software and boosting your Internet security to ensure that spammers can’t send spam via your computer. Check the terms and conditions of anything you sign up to and ensure you aren’t consenting to receive commercial messages. Further information is available from the ACMA website by clicking on the ‘consumer information’ link at www.acma.gov.au/spam.

If you receive spam

Do not respond if the message seems dubious.

If you receive an email that seems dubious—for example, the subject line or sender look suspicious—it is safest to delete it immediately without opening it.

Spam subject lines usually promise you a better sex life, more youthful appearance, prescription drugs without a doctor’s approval, love, thicker hair, or a better mortgage rate.

Do not reply and do not click on any links including ‘unsubscribe’ links. Doing so may result in more spam.

If the source seems genuine, contact the business to make a complaint

If you have already opened the message and it promotes a legitimate Australian business, you may wish to contact them by phone or in writing to make a complaint and ask them to take you off their mailing lists. As legitimate businesses do not operate in the same way as professional spammers, unsubscribing to their emails can also be a low-risk and quick way to prevent future spam. Report the spam.

The Australian Communications and Media Authority (ACMA) is responsible for enforcing the Spam Act. If you have received spam you can report it to ACMA via its website