Spam Act needs to keep pace with marketing campaigns: Industry

ADMA, IAB say innovations such as `send to a friend’ email campaigns have emerged since legislation was written and require constant vigilance

The Spam Act, which celebrates its 10th anniversary this December, needs to keep up with innovations in marketing if it is to remain successful and relevant, according to the Australian Data-driven Marketing Association (ADMA) and the Interactive Advertising Bureau (IAB).

<i>The Spam Act</i> came into law on 12 December 2003 and regulates the sending of marketing emails, SMS and instant messages. As part of its introduction, it became compulsory for consumers who receive marketing communications to be given the option to opt out.

According to the Australian Communications and Media Authority, the act has helped reduce the amount of spam over the years. However, ADMA CEO Jodie Sangster told CMO that the legislation needs to keep pace with the changing dynamic of email marketing and emergence of new campaigns such as `refer a friend’ online campaigns.

“Technology has changed the way we do things and you’re applying a piece of legislation from 10 years ago to something quite new,” she said.

Customer complaints about a `send to friend’ email landed McDonald’s Australia in hot water with ACMA in 2012. The regulator found emails sent via the McDonald’s Happy Meal website using the ‘send to friends’ option were sent without ensuring a friend’s consent. The emails had no unsubscribe option either, which is required under the Act. The `send to a friend’ function was removed from the Happy Meal website in February 2012.

“With the McDonald’s case, that was standard industry practice. That is how the majority of companies in Australia were doing a `refer a friend’ campaign,” Sangster said. “The regulator needs to work with the marketing industry because often, the techniques that are used in marketing are often not understood by people who don’t work in marketing.”

IAB Australia CEO, Alice Manners, said the Spam Act is “always worth reviewing” after 10 years to ensure clarity, and highlighted the McDonalds campaign as an example of why. However, she added that spam in Australia is not the issue it was 10 years ago.

For example, Australia was listed in Sophos’ top 10 spamming countries in 2003. As of 2013, it now comes in at place 44.

“The Act has had an overall positive impact as it is not a consumer issue of concern anymore,” Manners said. “You just need to visit some of our neighbouring Asia-Pacific markets where spam is rampant to appreciate the status in Australia currently.”

Follow CMO on Twitter: @CMOAustralia, take part in the CMO Australia conversation on LinkedIn: CMO Australia, or join us on Facebook: https://www.facebook.com/CMOAustralia Signup to CMO’s new email newsletter to receive your weekly dose of targeted content for the modern marketing chief.

Join the newsletter!

Error: Please check your email address.
Show Comments

Blog Posts

The competitive advantage Australian retailers have over Amazon

With all of the hype around Amazon, many online retailers have been trying to understand how they can compete with the American retail giant.

Joel Milligan

Performance manager, Columbus Agency

How to become the customer experience custodian

The number one objective enterprises give for embarking on a digital transformation is to improve customer experiences with new engagement models, according to IDC’s 2017 global study.

Fear not: It's only a robot

Every time I pass through the automated border controls at the Sydney airport I walk away with a feeling of exasperation on the one hand and relief on the other. Exasperation, because the face recognition technology inevitably always fails to recognise me. Relief, because we seem to be safely years away from the Orwellian reality of states controlling every aspect of our lives; something the media is keenly warning us against each day.

Dan Kalinski

CEO, iProspect Australia and New Zealand

And to add after looking at event pictures plus, observing all AU's visible Blonde Bimbos (think Julie Bishop to this Georgie Gardnerare)...

absolutelyconcerned

In pictures: CMO 50 2017: The who's who of Australian marketing leadership

Read more

CMO 50 2017 announcement mentioning "innovation". I checked date and its November not April so its wasn't an April Fools' Joke. Australia...

absolutelyconcerned

In pictures: CMO 50 2017: The who's who of Australian marketing leadership

Read more

I worked at Momentum when the transformation started way back in 2013 (not 2015 as stated in the article). It was a painfully slow and co...

Jay

How Momentum Energy has transformed its entire business to be customer-led

Read more

Another buzzword thoughtlessly latched onto, without any thought for the implications on the organisations that have to lumber through th...

Tired

Rolling out agile marketing at Deakin

Read more

Useful., also don’t miss out on these 5 features of Adobe Experience Cloud - Visit here &gt; http://www.softcrylic.com/b...

Sunil Joseph

Adobe debuts Advertising Cloud, Experience Cloud

Read more

Latest Podcast

More podcasts

Sign in