The Unsolicited Electronic Messages Act came into force on 5 September, 2007. The Act applies to spam sent using a variety of electronic message types, not just email.
InternetNZ, alongside the Telecommunications Carriers’ Forum (TCF), the Marketing Association and Internet Service Provider organisation ISPANZ have completed an ISP Spam Code of Practice, which outlines the obligations of ISPs regarding email spam.
ISP Spam Code of Practice - InternetNZ website
The Unsolicited Electronic Messages Act
The Act provides a strong legal framework for regulating spam in New Zealand. The highlights of the Act are:
- Unsolicited commercial messages are banned, using terms and definitions in line with Australian regulations.
- Any message that uses a link to hide its content is also banned. Note that there are sensible exceptions to the definition of spam in the Act, such as the sending of warranty and recall information.
- The Act creates an opt-in permissions environment, so you should only be sent commercial messages if you have explicitly agreed to accept them.
- All commercial messages must also include zero-cost unsubscribe facilities that must be acted upon within five days.
- The Act provides significant penalties, and the enforcement agency (the Department of Internal Affairs) will have strong powers for combating spam, including search and seizure provisions.
- The DIA will operate an central email address for reporting spam.
- Internet Service Providers are not required by the legislation to take complaints and act on them themselves (the industry code of practice covers ISP obligations).
- The DIA will monitor and provide an address for the reporting of sexually-related spam that, even if neither objectional nor commercial, could entice people towards viewing sexual content.
- Software that can harvest the internet for address lists is not banned under the Act, but the sending of spam using lists created with such software is prohibited.
The Act does not limit spam to email - it also covers instant messaging and texting, although it does not include phone calls, VoIP or faxes.
Unsolicited Electronic Messages Act - Parliament website
The Department of Internal Affairs (DIA) Anti-Spam Compliance Unit has produced an online video that explains the Unsolicited Electronic Messages Act.
The video is aimed at educating New Zealand businesses and details the requirements they need to follow to comply with the Act.
You can view the video at the following link. A full video transcript is also available:
http://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Services-Anti-Spam-Index?OpenDocument#five
The Spam Code of Practice
InternetNZ, the TCF, ISPANZ and the Marketing Association have developed a comprehensive Spam Code of Practice, which has the support of the ISP industry.
The Code applies only to email spam. It aims to balance industry and end-user interests and regards ISPs and end-users as both being responsible for minimising spam.
ISP Spam Code of Practice - InternetNZ website
Under the code, ISPs are required to:
- Provide customers with information on complying with the Act including minimising spam, reporting spam, spam filters, “false positives”, and how to lay complaints with the enforcement agency or other complaints bodies.
- Note: Updateable spam filters will need to be provided either directly or indirectly by ISPs.
- Inform customers whether electronic messages addressed to them are subjected to a spam filter by default, and provide a non-technical overview of spam filters.
- Have a detailed Acceptable Use Policy around email with identified consequences for a spam breach.
- Cooperate with law enforcement and provide 24 hour contact-ability in case urgent action is needed to knock out spam.
- Close down open relays and open proxies, and retain IP assignment information for 28 days.
- Provide a free formal complaint handling process and maintain an email abuse reporting address.
- Inform customers of the existence of any Code of Practice or additions to legislation applicable to spam.