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Anti-Spam
NEW! The dangers of using email addresses from a purchased database The Department receives complaints regarding alleged breaches of the Unsolicited Electronic Messages Act 2007. These complaints are generally with respect to commercial electronic messages that have been sent to email addresses or via SMS text to telephone accounts. The Department, upon receipt of a complaint, will initiate an investigation to determine if a breach of the Act has occurred. If a breach has taken place, the Department has a range of enforcement options from a formal warning up to High Court action to pursue pecuniary penalties and compensation and damages on behalf of victims. In some cases, the Department has determined the sender of a commercial electronic message has purchased a database with the understanding that emails can be sent to those electronic addresses because there is 'deemed consent'. The Unsolicited Electronic Messages Act provides that deemed consent exists if a) an electronic address has been conspicuously published by a person in a business or official capacity, and b) it is not accompanied by a statement requesting that no unsolicited messages be sent to that address, and c) the message is relevant to the recipient's business, role , function or duties in a business or official capacity. The Department recognises that databases may contain useful information that can be used for marketing and promotional purposes. However, care should be taken to ensure that the recipient has consented to receive a commercial electronic message. In every case, the onus of proof is on the sender of the messages, not the seller of the database, to demonstrate evidence of compliance with the Act. If messages are sent and the sender is unable to satisfy the Department that the consent of the recipient cannot be deemed to have been given, then a breach of the Act has occurred. What is spam?Spam is the generic term for the electronic commercial 'junk mail' you receive without having requested it. This includes unwanted messages sent to people's email accounts or mobile phones. The negative effects of spam are significant and far-reaching. Current estimates suggest that around 120 billion spam messages are sent every day. These emails clog up the Internet, disrupt email delivery, reduce business productivity, raise Internet access fees, irritate recipients and erode people's confidence in using email. These messages are essentially commercial in nature and often sent in bulk. Some spam is sent by legitimate businesses inviting the recipient to buy a product or service. Other spam may attempt to trick people into divulging their bank account or credit card details. Many spam messages also contain offensive or fraudulent material or spread computer viruses. What are we doing about it in New Zealand?The Department of Internal Affairs is employing a five-pronged strategy for tackling spam. This encompasses:
The Unsolicited Electronic Messages Act 2007The Unsolicited Electronic Messages Act 2007 came into effect on 5 September 2007. The Act defines spam as 'unsolicited commercial electronic messages'.The purposes of the Act are to:
Anti-Spam enforcementThe Department of Internal Affairs enforces the Unsolicited Electronic Messages Act 2007 by:
Note: The Department also enforces the Films, Videos, and Publication Classification Act 1993. If you are concerned that something you have seen may be objectionable please fill out an online Content Complaint Form or contact our censorship inspectors. Anti-Spam videoThis video details the requirements businesses need to follow to comply with the Unsolicited Electronic Messages Act 2007. It features members of the Anti-Spam Compliance Unit as well as Keith Norris (NZ Marketing Association), Laura O'Gorman (Buddle Findlay), and David Farrar (Internet New Zealand). The video is available at the links below. If you have a slow connection you may want to view the low resolution file. The duration of the video is 5.48 minutes. A written transcript is available here: Anti-Spam video transcript.
ContactIf you have any questions you can contact us at info@antispam.govt.nzAnti-Spam Compliance Unit Department of Internal Affairs PO Box 805 Wellington 6140 Phone: (04) 495 7200 **This file is in Windows Media Video (.wmv) format. You need to have the Windows Media Player installed on your computer. You can download a free version from the Microsoft Windows Media site. |
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Last updated: 29/04/2010 |
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