Many of us, have from time to time, received unsolicited emails
or other messages from unknown sources, or businesses keen to
advertise an event or product through content marketing. This would
seem to have become even more rife during the COVID-19 period, as
businesses have sought to expand their offerings and clientele in
challenging circumstances.
It is important to note however that in Australia, legislation
known as the Spam Act 2003 (Cth) ("the Act")
sets out rules relating to spam messages, including information
relevant to senders as well as receivers of such messages.
The Act provides that, subject to certain exceptions, an
unsolicited commercial electronic message ("CEM") (which
is broadly defined and can include emails and SMS messages), must
not be sent without the consent of the relevant electronic account
holder of the email address, instant messaging service, telephone
number or other account holder (section 16 of the
Act).1
