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Big penalties coming your way…one direct message at a time

The Australian Spam Act has recently turned ten. But that has nothing to do with what I am about to share with you.

Using the direct or private messaging service associated with any social media platform, to send out commercial messages, is likely to amount to a breach of the Spam Act…unless you have first received recipient consent to do so.

Let’s backtrack a little. The Spam Act governs the sending of unsolicited commercial electronic messages.

Under the Spam Act, electronic messages include email, SMS, MMS and instant messaging. It follows that there is no logical reason to believe that a direct or private messaging service associated with any social media platform would not fall within the scope of the Spam Act.

So again, your use of a direct or private messaging service to send commercial messages without first obtaining recipient consent is likely to amount to a breach of the Spam Act.

And in case you’re wondering, a message will be commercial if it offers to supply goods or services or advertises or promotes goods and services. Despite the Spam Act setting out what will amount to a commercial message, if a message smells like it is commercial in nature, then it probably will be.

Are big financial penalties and brand damage things that your business is prepared to take on?

Read about some recently of the recently issued penalties here.