eMarketing code registered by the ACA

The Australian Communications Authority (ACA) today registered the Australian eMarketing Code of Practice.

The code sets industry-wide rules and guidelines for the sending of commercial electronic messages in accordance with the Spam Act 2003.

Registration means that the ACA can enforce compliance with the code rules on all members of the e-marketing industry, as defined by the Telecommunications Act 1997, and not just signatories to the code.

The code was developed by the eMarketing Code Development Committee chaired by Rob Edwards, Chief Executive Officer of the Australian Direct Marketing Association (ADMA). The committee comprised representatives from direct marketing and advertising industry associations, e-marketers, and consumer and small business groups.

“The code provides a framework of practical advice and guidance for the e-marketing industry to use e-marketing responsibly, to handle any complaints about practices that might be spamming and to monitor industry compliance,” ACA Acting Chairman Dr Bob Horton said.

“The Australian e-marketing industry is to be congratulated for developing this code. It represents best practice compliance with the provisions of the Spam Act and indeed sets a benchmark for the global e-marketing industry,” he said.

“The code also provides consumers with a clear understanding of e-marketing industry processes and benchmarks for sending commercial electronic messages.”

Under the Telecommunications Act 1997 e-marketers are defined as those who use e-mail or mobile telephones as their main marketing tool, or who market in this way by contract or arrangement on behalf of a third party. However, businesses other than e-marketers are likely to follow the code to ensure best practice and compliance with the Spam Act.

Under the Telecommunications Act, the ACA has the power to direct any e-marketer who has contravened the code to comply with it. If an e-marketer fails to comply with a direction, the ACA can then take the matter to the Federal Court which can impose penalties of up to $250,000 for each contravention.

ADMA, the Advertising Federation of Australia and Public Relations Institute of Australia have applied to the ACA and been granted ‘Recognised Industry Body’ status under the code. This allows them to investigate escalated complaints about possible breaches of the code by their members.

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