Does the legislation apply to unsolicited emails (spam)?
People who receive unsolicited emails advertising or directing them to pornographic websites may complain to the ABA about the website/s in question. Under the codes, ISPs are required to have procedures in place to deal with complaints from subscribers about unsolicited email (or ‘spam’) that promotes or advertises Internet sites or parts of Internet sites that enable, or purport to enable, end users to access information that is likely to cause offence to a reasonable adult. An ISP shall be deemed to have complied with this provision where they have provided complainants with, or directed them to, information describing methods by which receipt of unsolicited email of this nature can be minimised. The ABA is able to direct compliance with these procedures if necessary. The Privacy Amendment (Private Sector) Act 2000, for which the Attorney General has responsibility, became effective on 21 December 2001 and includes provisions with respect to unsolicited direct marketing emails. Unde
