Maccas given formal warning for breach of Spam
Act
We often review campaigns and promotions which incorporate a
"send to a friend" mechanic. They are a popular way to
increase the reach and impact of a promotion. What many marketers
don't realise is that, if not carefully executed, send to a
friend mechanics may well breach the Spam Act 2003
(Spam Act) and that substantial civil penalties
may apply.
Case Study – McDonald's Happy Meal
Website
Between September 2011 and February 2012, McDonald's had a
"send to a friend" facility on their Happy Meal Website,
which encouraged site visitors to email links to games and
activities to their friends. Following an investigation by the
Australian Communications and Media Authority
(ACMA), on 13 December 2012 a
formal warning was issued to McDonald's for breaches of
subsections 16(1) and 18(1) of the Spam Act. McDonald's was not
directly sending the messages – but the ACMA found that it
was liable because it had caused t
