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ARTICLE · 30 AUGUST 2006

SpamAct 2003: Prosecution

Gadens Lawyers
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Spamming is regulated by the Spam Act 2003 (Cth) ("the Act"), as supported by the Spam Regulations 2004 (Cth).

AustraliaCorporate/Commercial Law

Spamming is regulated by the Spam Act 2003 (Cth) ("the Act"), as supported by the Spam Regulations 2004 (Cth). The Act came into operation on 10 April 2004. Apparently the term "spam" was taken from a Monty Python skit and applied to spam email by the ICT industry. The Australian ICT sector has had to adjust its procedures, policies and practices in the wake of this legislation. The Act covers email, instant messaging, SMS (mobile phone text messaging) and MMS (mobile phone graphic messaging) of a commercial nature. The Australian Communications and Media Authority (ACMA) launched the first prosecution under the Spam Act 2003 which was heard by the Federal Court of Australia in Perth on 13 April 2006. This case is Australian Communications and Media Authority v Clarity1 Pty Ltd & Mansfield [2006] FCA 410 ("Clarity1").

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