Email marketing and the Spam Act

Email is one of the oldest digital marketing channels and still one of the most effective. Unlike social media, an email list is a channel you own: no algorithm decides whether your subscribers see your message, and nobody can change the rules overnight. People who have chosen to hear from you are often your most engaged customers and supporters.

Email is also regulated. In Australia, commercial emails, SMS and instant messages are covered by the Spam Act 2003, enforced by the Australian Communications and Media Authority (ACMA). This guide explains how to build and use an email list well, and how to stay within the rules.

Why email works

Email lets you reach people directly, at a time that suits you, with content tailored to them. It suits newsletters, announcements, offers, event invitations, onboarding new customers, reminders and fundraising appeals. Email is also measurable: you can see how many people open, click and act, and test different approaches.

Above all, an email list is an asset you control. If a social platform changes its algorithm or suspends your account, your email list is still there.

The Spam Act in brief

The Spam Act 2003 applies to commercial electronic messages with an Australian link, such as messages sent from or to Australia or sent by an organisation in Australia. A message is commercial if its purpose, or one of its purposes, is to offer, advertise or promote goods, services, land, business or investment opportunities, or to promote a supplier. Newsletters that include promotional content are generally commercial.

ACMA summarises the key requirements in three words.

Consent. You must have the recipient's consent. Express consent is when someone actively agrees, for example by ticking a box or filling in a sign-up form. Inferred consent may apply in some circumstances, such as an existing business relationship where the person would reasonably expect to receive messages, but it is narrower and less certain. Keep records of when and how consent was given.

Identify. Each message must clearly identify the individual or organisation that authorised it and include accurate contact details, which should remain valid for at least 30 days after sending.

Unsubscribe. Each message must include a functional unsubscribe facility, such as a link or reply instruction, that is clear and easy to use. Unsubscribe requests must be honoured within five working days, and you must not charge people to unsubscribe beyond normal messaging costs.

The Act also bans the use of address-harvesting software and harvested address lists for sending spam.

Building a list with consent

The best email lists are built from people who genuinely want to hear from you. Ways to grow a list include:

• a clear sign-up form on your website, explaining what people will receive and how often;
• a sign-up option at checkout or booking, unticked by default;
• an incentive such as a guide, checklist or discount for subscribing;
• sign-ups at events, in-store or at markets, with a clear record of consent;
• links from your social media profiles.

Avoid buying or renting lists. ACMA warns that purchased lists may not include valid consent, and responsibility for compliance stays with the sender. Purchased lists also tend to deliver poor results and damage your sending reputation.

Using double opt-in, where new subscribers confirm by clicking a link in a confirmation email, reduces fake and mistyped addresses and gives you a clear consent record.

Writing emails people read

Good marketing emails are useful, relevant and easy to read on a phone.

• Subject line. Make it clear and specific. Avoid misleading subject lines, which can breach consumer law and annoy readers.
• Sender name. Use a name people recognise.
• One main message. Focus each email on one main purpose and one clear call to action.
• Short paragraphs. Most email is read on phones. Use short sentences, headings and buttons. Test your copy with our readability tool.
• Value first. Share tips, news, stories and exclusive content, not just offers.
• Accessibility. Use real text rather than images of text, add alt text, and ensure good colour contrast.

Frequency and segmentation

Send emails often enough to stay in touch, but not so often that people unsubscribe. Tell subscribers what to expect when they sign up, and stick to it. Segmenting your list, for example by location, interests or past purchases, lets you send more relevant messages. Automated sequences, such as a welcome series for new subscribers or reminders after an abandoned booking, can deliver timely messages with little ongoing effort.

Choosing an email platform

Email marketing platforms manage your list, sign-up forms, templates, sending, unsubscribes and reporting. Most handle unsubscribes automatically, which helps with Spam Act compliance. Consider ease of use, cost as your list grows, automation features, integration with your website or online store, and where your data is stored. Make sure you can export your list if you change providers.

Deliverability

Deliverability is whether your emails reach the inbox rather than the spam folder. Help deliverability by sending only to people who opted in, removing addresses that bounce, authenticating your domain with SPF, DKIM and DMARC records, avoiding spammy wording and sending consistently. Large email providers have tightened requirements for bulk senders, including authentication and easy one-click unsubscribe.

Privacy

Email addresses are personal information. If your organisation is covered by the Privacy Act 1988, you must handle them in line with the Australian Privacy Principles, including having a privacy policy, collecting only what you need, using information for the purposes people expect and keeping it secure. Even if you're exempt, following good privacy practice builds trust. See our privacy and online advertising guide.

SMS marketing

The Spam Act also applies to marketing SMS and instant messages. The same consent, identify and unsubscribe rules apply. Keep SMS short, relevant and infrequent, and include a simple opt-out such as replying STOP.

Measuring results

Common email metrics include open rate, click rate, unsubscribe rate and conversions such as sales or bookings. Privacy features in some email apps can inflate open rates, so clicks and conversions are often more reliable. Test subject lines, content and send times, and compare results over time rather than against general benchmarks.

Cleaning your list

Over time, some subscribers stop engaging. Sending to inactive addresses can hurt deliverability. Periodically send a re-engagement email asking inactive subscribers whether they want to stay, and remove those who don't respond. A smaller, engaged list is worth more than a large, inactive one.

Common mistakes

• Adding people to a list without consent, such as all past customers or business cards from an event, without considering whether consent applies.
• Hiding or breaking the unsubscribe link.
• Pre-ticking consent boxes.
• Misleading subject lines.
• Sending too often, or only when you want to sell.
• Keeping no record of how consent was obtained.

Key points

Build your list with clear consent, identify yourself and include a working unsubscribe in every message, honour unsubscribes within five working days, write useful, mobile-friendly emails, protect subscribers' personal information and measure clicks and conversions. Check ACMA's guidance for the full rules.