|POLICY STATEMENT- application of the Australian eMarketing Code of Practice.
Section 109A of the Telecommunications Act 1997 describes ‘e-marketing activities’. The Australian eMarketing Code of Practice (the Code of Practice) applies to all persons undertaking e-marketing activities as defined in section 109A of the Act. In summary, the Code of Practice automatically applies to the following activities (whether an e-marketing industry member is a signatory or not) and to the extent to which entities engage in these activities, they are bound by the provisions of the Code of Practice in respect to these activities:
Activities undertaken by individuals or businesses to market, promote and advertise their own goods and services where sending or causing to send commercial electronic communications is their sole or principal means of marketing, promoting or advertising their own goods or services.
Activities undertaken by individuals or businesses who by contract or other arrangement with a person market, advertise or promote the goods or services (including land and interests in land and business and investment opportunities) of that person by sending commercial electronic communications or causing them to be sent.
Activities undertaken by individuals or businesses who by contract or other arrangement with a person market, advertise or promote that person as a supplier, prospective supplier, provider or prospective provider of goods or services (including land and interests in land and business opportunities) by sending commercial electronic communications or causing them to be sent.
Recognising that industry members may experience some difficulty in identifying whether in particular, e-marketing is their principal means of marketing, advertising or promoting their own goods or services, the ACA has developed this document. This document outlines the ACA’s interpretation of the application of subsection 109A(3)(c) of the Act which states that:
This subsection applies to any activity carried on by a person if the activity is the sole or principal means of marketing, advertising or promoting the goods or services.
In general, the ACA considers that to be considered the principal means of an entity’s marketing, advertising or promotion of its own goods or services; e-marketing should be the entity’s first means of marketing in terms of:
the chief or main or leading means of marketing.
The ACA considers that an effective measure of these factors is, when considering the total marketing, advertising and promotional activities undertaken by an entity in relation to its entire product and/or service range, the number of potential customers e-marketing campaigns are expected to reach when compared to other means of marketing, advertising and promotion employed by that entity measured in a twelve month period.
The ACA will be relying on this interpretation in encouraging and enforcing compliance with the provisions of the Code of Practice. The ACA welcomes industry’s comments on this interpretation.