Anti-Spam law countdown

New Zealand businesses should be preparing themselves for the 'Unsolicited Electronic Messages Act 2007', which takes effect on 5 September.

The UEM Act defines spam as 'unsolicited, commercial, electronic messages', and sets out the rules for sending commercial electronic messages legitimately.

The Department of Internal Affairs (DIA) has established an Anti-Spam Unit to investigate complaints about spam from the public and act against spammers in New Zealand who are deliberately flouting the law.

Anti-Spam Unit manager, Joe Stewart, says that 99 percent of spam originates from overseas so it is important to note that the UEM Act will not stop spam.

"What it does enable us to do is to prevent New Zealand becoming a 'spammer haven' by allowing us to fight New Zealand-sourced spam. The Act also allows us to enter into international agreements to share information and pursue cross-border complaints.

"The legislation is just part of a range of undertakings to combat spam. We will also be actively involved in promoting spam education and awareness, encouraging industry liaison and monitoring emerging technologies," says Joe.

The penalties for breaching the UEM Act range from formal warnings to infringement notices and court actions (with a maximum fine of $500,000 for an organisation or $200,000 for an individual). A 'spammer' could also be ordered to pay the victims compensation up to the amount of loss suffered and/or damages up to the amount of profit that was made as a result of sending the spam.

What do you need to do?

When sending a commercial electronic message you must: have the consent of the recipient, clearly identify the sender and the sender's contact details, and include a free unsubscribe facility.

There are three types of consent outlined in the Act – express, inferred and deemed. Express consent is a direct indication that the recipient wishes to receive messages and encompasses situations such as ticking a box on a website or a phone/face-to-face conversation.

Inferred consent is when the recipient hasn't directly instructed you to send them a message, but there is a reasonable expectation that messages will be sent. For example, the recipient provided their email address when purchasing goods and services in the general expectation that there will be a follow-up communication.

Deemed consent covers situations when someone has conspicuously published their work related electronic address or mobile number (i.e. on a website, brochure or magazine). However any message sent must still be relevant to the recipient's business.

This means that existing client address lists and databases will need to be checked to ensure each client has consented to receiving electronic messages. Under the Act if enforcement action is taken the onus is on the sender of a message to prove consent, whether it be express, inferred or deemed.

For those who would like to know more about the requirements of the UEM Act, the Anti-Spam Unit is planning a series of practical seminars nationwide [you may want to insert local/nearest seminar date, time and location here].

More detailed information, including examples, is also provided in the 'Unsolicited Electronic Messages Act 2007 Guide for businesses'. The guide is available at www.antispam.govt.nz on the 'Business info' page.

However it is important to note that the guide provides general advice only. If the answer to your query is unclear you should seek legal advice, or contact the Anti-Spam Unit at info@antispam.govt.nz

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Anti-Spam Seminar Schedule

The Anti-Spam seminars are scheduled on the following dates:

• Auckland - Crowne Plaza Hotel, 128 Albert St, Monday 20 August, 10am – 12pm
• Auckland - Bruce Mason Centre, Cnr Hurstmere Rd & The Promenade, North Shore, Tuesday 21 August, 10am – 12pm
• Auckland -TelstraClear Pacific, 770 Great South Rd, Manukau, Tuesday 21 August, 2pm – 4pm
• Hamilton - Kingsgate Hotel, 100 Garnett Avenue, Wednesday 22 August, 9am – 11am
• Rotorua - Quality Hotel Geyserland, 424 Fenton St, Wednesday 22 August, 2pm – 4pm
• Hawkes Bay - East Pier Hawkes Bay, Hardinge Rd Ahuriri, Napier, Thursday 23 August,10am –12pm
• New Plymouth - The Quality Hotel New Plymouth International, Cnr Courtenay & Leach Streets, Friday 24 August, 10am – 12pm
• Palmerston North - Rydges Coachman, 140 Fitzherbert Avenue, Monday 27 August, 1pm – 3pm
• Wellington - Level 28 The Majestic Centre, 100 Willis Street, Friday 31 August, 2pm – 4pm
• Nelson - Rutherford Hotel, Trafalgar Square, Monday 10 September, 10am – 12pm
• Greymouth - The Ashley Hotel, 74 Tasman St, Tuesday 11 September, 10am – 12pm
• Christchurch - Hotel Grand Chancellor, 161 Cashel St, Wednesday 12 September, 9am – 11am
• Dunedin - Kingsgate Hotel, 10 Smith St, Wednesday 12 September, 3.30 – 5.30pm
• Invercargill - Ascot Park Hotel, Cnr Tay St & Racecourse Rd, Thursday 13 September, 1pm – 3pm
• Queenstown - Rydges Hotel, 38-54 Lake Esplanade, Friday 14 September, 10am – 12pm

If you would like to attend, please fill out the seminar registration form available at www.antispam.govt.nz and email it to josie.keating[at]dia.govt.nz

You can also fax the form to 04 495 7224 or send to Anti-Spam Unit, Department of Internal Affairs, PO Box 805, Wellington.

Alternatively simply send us your name, contact details, and which seminar you would like to attend.

ENDS

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