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ARTICLE · 16 JULY 2012

Constitutionality Of Anti-Spam Legislation

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While Canada’s new anti-spam legislation received Royal Assent in December 15, 2010, the law is expected to come into full force in 2013 with the promulgation of a Governor in Council order.

CanadaMedia, Telecoms, IT, Entertainment
Ravi Shukla
Ravi Shukla
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While Canada's new anti-spam legislation1 received Royal Assent in December 15, 2010, the law is expected to come into full force in 2013 with the promulgation of a Governor in Council order. When it does, businesses operating in Canada will be governed by what many regard as one of the toughest anti-spam laws in the world.

The new law is intended to tightly regulate spammers and mailing list companies and, in doing so, regulate the way businesses market to prospective customers via email and online. In short, CASL will, in most cases, require a business to obtain consent from the recipient before it sends out commercial electronic messages ("CEMs"). This could include messages sent via social media, text messaging, instant messaging, sound or video as well as emails.

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