Spam Act rules for email marketing in Australia
The three key rules of Australia’s Spam Act 2003 for business email and SMS marketing, explained simply.
Rule 1: consent
You need permission to send commercial messages. Express consent means someone actively opted in. Inferred consent can apply where there’s an existing relationship and the message relates to it, but it’s narrower than many businesses assume.
Rule 2: identify yourself
Every message must clearly say who sent it and how to contact you.
Rule 3: unsubscribe
Every message must include a working way to opt out, and requests must be honoured within five working days.
Practical tips
- Keep records of when and how people subscribed
- Don’t buy email lists
- Use double opt-in for website sign-ups where practical
- Apply the same rules to SMS campaigns
- Remove unsubscribed contacts from every list and platform
What’s not covered
Purely factual messages, like an invoice or appointment confirmation without marketing content, are treated differently. Add a promotion and the rules apply.
This is general information, not legal advice. Check ACMA’s guidance for your situation.
Frequently asked questions
What is the Spam Act 2003?
Australian law regulating commercial electronic messages, including email and SMS.
Can I email my existing customers?
Often, under inferred consent, if the message relates to your relationship. Express consent is safer.
How quickly must I process unsubscribes?
Within five working days.
