$500,000 anti-spam fine for Telecom?
Reader Bruce emails to say he just got a marketing email from Telecom. He sent a reply opting out of future special messages, but still received another.
Now the Unsolicited Electronic Messages Act passed last Tuesday, so Bruce is wondering whether Telecom will get whacked with a fine of up to $500,000 as the new law threatens. (IT Minister David Cunliffe says anyone with a complaint should take it to their ISP in the first instance, which can escalate it on their behalf to the Department of Internal Affairs.)
As if. But we do all need to be aware that the new Act makes individuals responsible for any spam that gets sent from their PC. Almost all spam comes from offshore, of course, but a lot of spam bots like to hijack a local PC to further spread their special messages. That means you have to keep your antivirus and security software up to date - or you could be the one copping the fine (the Act's maximum for companies is $500,000 - for individuals $200,000).
If you do send marketing email, note the Act's provisions that you must provide a clear unsubscribe option, and that you must make it clear who the email came from.
PC World is New Zealand’s top selling computing and technology magazine.
Comments
Bruce doesn't indicate if he allowed Telecom the 5 working days to remove him from the list, also companies have 6 months to implement the new policies into their existing systems.
Also the law in S 13(1) states that the following is a defence "the message was sent without that person's knowledge (for example, because of a computer virus or a malicious software programme)."
Posted by: rusticdog | March 5, 2007 2:30 PM