Services › Anti-Spam

• What is spam?
• What are we doing about it in New Zealand?
• The Unsolicited Electronic Messages Act 2007
• Anti-Spam enforcement
• Contact

What's new

Faxes now captured by anti-spam law
From 20 October unsolicited commercial faxes will count as spam. The schedule of the Unsolicited Electronic Messages Act 2007 has been amended to remove ‘facsimiles’ from the list of exempt electronic messages.

We have established a profile on Twitter (AntiSpamInfoNZ) to inform as many people as possible about spam news and scam alerts that pose a direct threat or risk to New Zealanders. About our Twitter profile

Anti-Spam enforcement action
We have taken enforcement actions against individuals and organisations when an investigation has been conducted and a breach of the Unsolicited Electronic Messages Act 2007 has occurred.

The dangers of using email addresses from a purchased database
Companies marketing or promoting their services with email addresses purchased from database marketing companies risk breaking anti-spam law.

What is spam?

Spam is the generic term for the electronic commercial email, fax and SMS (short message service) text messages you receive without having requested them.

These messages are essentially commercial in nature and may be sent by legitimate businesses which are marketing and promoting their goods and services. The messages may also invite the recipient to purchase a product or service. Other spam may attempt to trick people into divulging their bank account or credit card details and can also contain offensive or fraudulent material or spread computer viruses.

The negative effects 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.

• Make a complaint about spam
• Tips for avoiding spam
• Information for businesses
• Glossary of internet jargon

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:

• Directly enforcing the Unsolicited Electronic Messages Act 2007
• Promoting education and awareness
• Facilitating industry liaison
• Monitoring emerging technologies
• Working with international agencies.

See also: Scam Awareness Week

The Unsolicited Electronic Messages Act 2007

The Unsolicited Electronic Messages Act 2007 came into effect on 5 September 2007. The Act defines spam as 'unsolicited commercial electronic messages' (spam).

The purposes of the Act are to:

• Prohibit unsolicited commercial electronic messages with a New Zealand link (i.e. messages sent to, from or within New Zealand)
• Require commercial electronic messages to include accurate information about the person who authorised the sending of the message and a functional unsubscribe facility to enable the recipient to instruct the sender that no further messages are to be sent to the recipient
• Prohibit address-harvesting software being used to create address lists for sending unsolicited commercial electronic messages
• Deter people from using information and communication technologies inappropriately.

The Act is also intended to encourage good direct marketing practice by:

• Requiring electronic messages to contain a functioning unsubscribe facility
• Ensuring electronic messages are sent only to customers who have consented to receiving it
• Restricting the use of address-harvesting software.

The Act covers email, fax, instant messaging, SMS and MMS (text and image-based mobile phone messaging) of a commercial nature. It does NOT cover Internet pop-ups or voice telemarketing.

Anti-Spam enforcement

The Department of Internal Affairs enforces the Unsolicited Electronic Messages Act 2007 by:

• Investigating complaints about spam
• Acting against ‘spammers’ who are deliberately flouting the law
• Undertaking research into technologies used to send spam
• Advising Government and organisations on spam matters
• Liaising with relevant overseas bodies to ensure New Zealand complies with international agreements concerning spam.

Complaints about spam

Businesses and individuals are able to lay complaints about email or SMS (short message service i.e. text message) spam using the online Spam Complaints Form, or visit the Fax Spam Complaints page to lay complaints about fax spam. The Department may investigate these complaints and take the appropriate action.

Complaints about objectionable material

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 the online Content Complaint Form, or contact our Censorship Inspectors.

Contact

If you have any questions you can email us at info@antispam.govt.nz

Anti-Spam Compliance Unit
Department of Internal Affairs
PO Box 805
Wellington 6140
Phone: (04) 495 7200