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New guidance for e-marketers

On March 18 the Australian Communications Authority announced the registration of a new eMarketing Code of Practice that will provide guidance for the Australian electronic marketing industry on how to employ commercial email or mobile marketing in accordance with the Spam Act 2003. The code is intended to complement the general provisions of the Spam Act by providing a more specific framework of best practice rules and guidelines for e-marketers to abide by. The main areas covered by the code in relation to the sending of commercial email and mobile marketing messages include obligations in relation to: • obtaining, maintaining and keeping a record of consent; • viral marketing campaigns (ie. those messages which encourage recipients to forward a marketing message to others); • inclusion of accurate information about the identity of who sent or authorised the message; • inclusion of a functional unsubscribe facility; • sending age-sensitive content and; • handling and monitoring complaints. For more information contact Tony Joyner, partner on 9211 7582. The code also sets out criteria for the accreditation of a ‘recognised industry body’ for the purposes of the code. Freehills

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