140/05
13 December 2005

Review of Australia’s anti-spam legislation

The Minister for Communications, Information Technology and the Arts, Senator Helen Coonan, today called for public submissions as part of a review of the Spam Act 2003.

“The Australian Spam Act is internationally recognised as a leading legislative model to crack down on the scourge of spam that is overloading people’s in-boxes and causing great frustration,” Senator Coonan said.

“Since the Act came into effect, many professional spammers that had been based in Australia have either shut up shop or left the country.”
Australia’s Spam Act applies to commercial electronic messages which include spam sent via email, SMS, Instant Messaging and Multimedia Messaging Service.

Recognising that spam is a complex and evolving issue, the Government committed to a review within two years of the Spam Act’s implementation. A public consultation process is now being undertaken as part of the review. Feedback received will contribute to a report to be tabled in Parliament in 2006.

“A great deal of spam continues to be received from overseas sources. It is an international problem requiring an approach that focuses on both domestic and international initiatives,” Senator Coonan said.

“The Government remains committed to a multi-layered strategy against spam that includes international cooperation, industry codes of practice, education and awareness activities and the promotion of technical countermeasures.”

Australia is actively promoting international collaboration in a variety of forums, including the OECD, the International Telecommunications Union and APEC.

“In 2003 when the legislation was introduced, spam email was recognised as the most significant part of the problem. Although this is still true today, the Australian Communications and Media Authority has reported that spam sent via SMS is an increasing concern for consumers,” Senator Coonan said.

“Given the strength and general nature of the legislation, the Act is flexible enough to deal with spam sent via a range of technologies.”
Industry and members of the public are invited to make submissions to the Spam Act 2003 review by Wednesday 1 February 2006.

Copies of the issue paper released today are available at www.dcita.gov.au/spam.

Media Contact: Jane McMillan 0438 690 305 www.minister.dcita.gov.au