Our work | Audience and market development
Unsolicited Electronic Messages Act and the arts sector
The Unsolicited Electronic Messages Act 2007 became law on 5 September 2007. This means it is illegal to send unsolicited commercial electronic messages (spam) with a New Zealand link (i.e. messages sent to, from or within New Zealand).
Electronic messaging covers emails, instant messaging, SMS and other mobile phone messaging, but does not cover normal voice-to-voice communication by telephone.
Like most countries that have enacted anti-spam legislation (including Australia), New Zealand has chosen to take an opt-in approach. This means the recipient must either have first expressly consented to receiving the message or that consent to the sending of the message could be reasonably inferred from the relationship of the sender to the recipient.
It's good practice to be a responsible marketer and follow ethical email marketing principles in order to respect and retain arts audiences and stakeholders.
There are three steps to follow.
STEP 1: CONTENT
You need the consent of the email recipient in order to send them email messages. If you have already sought consent from your email recipients (e.g. for your e-newsletter) you do not need to gain their consent again so long as it's clear that they can unsubscribe at any time.
Express consent: This is a direct indication that it is okay to send messages. It can be gained by filling in a paper form, ticking a box on a website, or having a phone or face-to-face conversation. Businesses should keep a record of consent. It is advisable to verify that consent has come from the holder of the electronic address. This can be done by asking the recipient to reply and confirm.
Inferred consent: The person you wish to contact has not directly instructed you to send them a message, but it is still clear that there is a reasonable expectation that messages will be sent: i.e. the address holder provided his/her email address when purchasing goods and services in the general expectation there would be follow-up communication, or swapping business cards.
Deemed consent: A person conspicuously publishes his/her work-related electronic address or mobile number (i.e. on a website, brochure or magazine). If the publication includes a statement that the person does not want to receive spam at that address, consent cannot be deemed.
Remember that the onus is on you as the sender to prove consent.
STEP 2: IDENTIFY
Your emails must always clearly identify the organisation or business responsible for sending the message and how they can be contacted. They must also:
• identify you as the sender
• identify how you can be contacted
• provide details that are likely to be accurate for 30 days.
STEP 3: UNSUBSCRIBE
Your emails must contain a functioning unsubscribe facility that:
• is free of charge
• is clear and conspicuous
• is functional for at least 30 days
• can be sent using the same method of communication
• will be actioned within five working days.
The above information is intended as a guide only. Although every effort has been made to ensure it is accurate, it does not cover every situation and professional advice should be sought where appropriate.
More information about advice on email marketing standards and permission marketing and privacy can be found in the manual FULL HOUSE: Turning Data into Audiences. The manual can be purchased online for $24.95 plus GST. You can also download two sample chapters.
