Email marketing and the spam rules

Email and SMS marketing can be some of the most cost-effective ways for a small business to stay in touch with customers. In Australia, commercial electronic messages are regulated by the Spam Act 2003, enforced by the Australian Communications and Media Authority (ACMA). This guide explains how to build a list and send messages that customers want, and that follow the rules.

This guide is general information written in our own words, based on the official sources listed at the end. Laws, regulator guidance and platform rules change, and how they apply depends on your business, so check the official source and get legal or professional advice where you need it. We don't recommend particular agencies, tools or platforms, and we never promise results.

What the rules cover

ACMA explains that the spam rules apply to commercial electronic messages, such as marketing email and SMS. If a message offers, advertises or promotes a product or service, it must comply, and ACMA notes that this can apply even if only part of the message is commercial. ACMA also warns that automated "welcome journeys" aren't exempt, and that some account or service messages can contain commercial content.

The three key requirements

ACMA summarises the rules: if you plan to send marketing messages, you must first have consent from the person who will receive them, and each message must:

• identify you as the sender,
• contain your contact details, and
• make it easy to unsubscribe.

Our free email marketing checker runs through these basics.

Consent

ACMA says you need consent from each person who will receive your messages, even if another business sends messages on your behalf, and that you must be able to produce evidence of consent if asked. Common ways people give consent include ticking a box on an online form, as part of entering a competition, during a purchase, or over the phone, with clear terms about what they're agreeing to.

ACMA also notes you can't send an electronic message asking for consent, because that request is itself a marketing message.

Identify yourself

Each message must accurately identify your name or business name and include correct contact details. ACMA says that if someone else sends messages for you, the message must still identify you as the business that authorised it, using your correct legal business name, or your name and ABN.

Unsubscribe rules

ACMA says every commercial message must contain an unsubscribe option that:

• presents unsubscribe instructions clearly,
• is honoured within 5 working days,
• doesn't require payment of a fee,
• doesn't cost more than the usual amount for using the address, such as a standard text charge,
• works for at least 30 days after you sent the message, and
• doesn't require the person to give extra personal information, or log in or create an account, to unsubscribe.

Common mistakes

ACMA highlights recurring problems, including unsubscribe processes that don't work, consent issues with automatically gathered addresses, and SMS messages that ask people to reply to a Sender ID, which people generally can't reply to. ACMA's fact sheet stresses that your business is liable even if you outsource sending, so check your providers.

Building a list people want

The best lists are built from people who genuinely want to hear from you. Offer something useful in return for signing up, such as updates, tips or early access, explain what you'll send and how often, and keep that promise.

Privacy

If your business is covered by the Privacy Act, the Australian Privacy Principles also apply to direct marketing. The OAIC's guidance on APP 7 says individuals can ask not to receive direct marketing and organisations must give effect to the request within a reasonable time and free of charge. See our privacy guide.

Make emails worth opening

Send useful, relevant content, keep messages short, use a clear subject line and include one main call to action. Track sign-ups, opens and clicks, and review what people respond to.

A simple email routine

Many small businesses do well with a regular email, perhaps monthly, that shares something useful, news and one clear offer or call to action. Keep a consistent schedule so subscribers know what to expect, and review results each time to learn what your readers respond to.

Try the email marketing checker

Our free email marketing checker asks six quick questions about consent, identifying your business, contact details and unsubscribing, based on ACMA's guidance on the Spam Act 2003. It shows what to fix if anything is missing. It runs entirely in your browser, and nothing you answer is sent anywhere.

Where our information comes from

Factual statements in our guides are based on official sources, including the ACCC, the Australian Communications and Media Authority (ACMA), the Office of the Australian Information Commissioner (OAIC), business.gov.au and Google Search Central. We link to each source at the end of the page and write everything in our own words. We don't publish invented statistics, benchmarks, case studies or testimonials.

Rules and platforms change

Consumer, spam and privacy rules are reviewed from time to time, regulators update their guidance, and digital platforms change their features and policies often. Treat our guides as a starting point, and check the official source, or get legal or professional advice, before making decisions that matter for your business.

Free official help

business.gov.au publishes free guidance and templates on marketing, advertising and online reviews, and can be contacted on 13 28 46. The ACCC, ACMA and OAIC each publish plain-language guidance for businesses on their websites. State small business commissioners and small business development centres also offer information, workshops and, in some cases, low-cost advice.

Marketing on a small budget

You don't need a big budget to market well. Many of the most effective activities for small businesses cost little except time: a clear, helpful website; accurate local listings; genuine reviews; a simple email list built with consent; consistent social media on one platform; and great service that earns word of mouth. Start with these, measure results and invest more where you see returns.

Working with agencies and freelancers

If you hire help, be clear about your goals and budget, ask for examples of similar work, agree what will be delivered and how results will be reported, and make sure you keep ownership of your website, accounts and customer data. Be wary of anyone promising guaranteed results. Remember that you remain responsible for what is published on your behalf.

Accessibility helps everyone

Making your marketing accessible helps more people use it. Use clear headings and plain language, add descriptive alt text to images, make sure text contrasts well with backgrounds, caption videos, and check that your website and emails work well on phones and with screen readers. Accessible marketing is usually clearer marketing for everyone.

Consistency builds recognition

Use the same business name, logo, colours and tone across your website, listings, social media, emails, signage and printed material. Consistency makes your business easier to recognise and remember, and helps customers trust that they've found the right business. A simple one-page style guide can help anyone who creates content for you.

Look after existing customers

It's often easier to win more business from existing customers than to find new ones. Thank customers, follow up after a sale, ask for feedback, and give them reasons to come back, such as useful updates or offers for regulars. Happy customers also tend to recommend you to others, which is some of the most valuable marketing there is.

A quick checklist

If you remember only a few things from our guides, make them these: know who your customers are; set goals you can measure; be helpful rather than salesy; make every claim accurate and provable; get consent before emailing or texting; never fake or manipulate reviews; disclose paid partnerships; and review what's working regularly.

Key points

• The Spam Act applies to commercial email and SMS, including automated welcome messages.
• Have consent from each recipient, and keep evidence of it.
• Identify your business and include contact details in every message.
• Include a free, clear unsubscribe that works for 30 days and is actioned within 5 working days.
• You're responsible even if a provider sends messages for you.