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ARTICLE · 21 APRIL 2025

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Can you send unsolicited electronic messages to your commercial customers or industry contacts?

The general rule is that a business cannot send unsolicited emails to market, sell, and promote their goods and services.

AustraliaTechnology

This article provides a high-level summary of the following under the Spam Act 2003 (Cth) (Spam Act):

  • the general rule regarding unsolicited emails; and
  • the main exception to the general rule.

The general rule under the Spam Act – 'commercial electronic messages'

The general rule is that a business cannot send unsolicited emails to market, sell, and promote their goods and services.

The Spam Act applies to 'commercial electronic messages'. While the Spam Act sets out a particular definition of that term in section 6, it is safe to say that that definition is extremely broad and is intended to cover both direct and obvious marketing and advertising, but also inferred or soft sell messaging.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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