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Anti-spam Legislation

New anti-spam legislation that came into effect on 5th September 2007) dramatically changes your responsibilities as an e-mailer and sender of electronic messages.

Businesses and individuals sending out e-mails need to ensure they comply with the new legislation or they raise their chances of incurring hefty fines.

Spam is a message that's unsolicited, commercial and electronically sent. A single message may qualify as spam - it doesn't have to be a bulk e-mail or message.

The Department of Internal Affairs has provided 3 quick checks to see if a message is spam (a message has to meet all 3 criteria to be considered spam):
1.    Is your message electronic?
2.    Is it commercial?
3.    Is it unsolicited?

An electronic message could be via e-mail, instant messaging, phone text, multimedia message service or other mobile phone messaging.

Given the new legislation, every business should take this opportunity to review and document their email and electronic messaging business practices.

What must you do to comply?
•    To send an email to anyone, you must have consent (It is smart practice to keep a record of that consent, ie: if you are given a business card and ask to/are asked to email a follow-up, write a note of the date on card). Consent can be provided in 3 ways:
1.    Express consent - a form is completed, a box on a website is ticked, or during a phone call or conversation permission (consent) is given to send a person email/electronic messages.
2.    Inferred consent - the person has not directly agreed to receive electronic messages but their actions demonstrate their willingness, ie: business cards have been swapped, an e-mail address has been included on an application form, etc.
3.    Deemed consent - if a person's e-mail or mobile phone details are published in a brochure or website, these may be used if the message sent is relevant to the recipient's business, ie: a computer product supplier may contact Need A Nerd with regard to selling their products.
•    You need to include on the message accurate contact information on the company/individual sending the e-mail.
•    You need to provide an easy way to unsubscribe to receiving the messages.  The recipient must not incur any cost to unsubscribe, ie: txt message unsubscribes must be paid for by the sender.

What message can you send without getting in trouble?
•    Quotes or estimates
•    Messages that facilitate, complete or confirm a transaction.
•    Warranty information, product recalls, and security information about products or services.
•    Information about a subscription, membership, account, or loan.
•    Information directly relating to employment or a related benefit plan.
•    Messages delivering goods and services, including product or upgrades, that the recipient is entitled to receive under the terms of a previous transaction.

For more information on this subject you can visit the Government's site www.antispam.govt.nz.

Over 90% of bulk spam received in New Zealand originates from overseas, so don't expect a dramatic reduction in the spam you receive. Do however make sure you play your part in minimising the problem.