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Hot Topic Scrutiny
Hot Topic Scrutiny
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Fax spam illegal from today


It's a couple of decades late, but Internal Affairs is cracking down on junk faxes, which from today lose their exemption under the Unsolicited Electronic Messages Act.

Chris Keall
Thu, 20 Oct 2011

It's a couple of decades late, but Internal Affairs is cracking down on junk faxes, which have lost their exemption under the Unsolicited Electronic Messages Act.

This means that an individual or company may no longer send a commercial fax, with a New Zealand link, to a recipient that has not consented to receiving the message.

"I believe it's a good move because it's probably the worst form of spam as it's noisy and costly to receive," self-styled spam sheriff Hamish McConnochie told NBR.

Mr McConnochie - a Victoria University law student last seen landing Telecom in hot water over txt spam - added, "It will be interesting to see how the DIA deals with unsubscribing. Will you need to return a fax to the sender, which would incur cost contrary to the provisions of the legislation, or will you need to call or go to a website. I'd like to see the logistics?" (NBR is awaiting a reply from the department.)

He also points out that by the letter of the law, the new order kicks in October 21.

The Department of Internal Affairs (DIA), which regulates the Act, said it had received many inquiries from people receiving unsolicited commercial faxes since the Act came into force in 2007 but could take no action because faxes were excluded.

The department' advises senders of commercial faxes familiarise themselves with the Act and, in particular, comply with sections 9, 10, 11, 13 and 15. Messages must clearly and accurately identify the person who authorised the sending of the message and must include accurate information about how the recipient can readily contact that person.

Commercial electronic messages must include a functional unsubscribe facility that is free of charge and able to be executed via the same method of communication the principal message was sent.

Internal Affairs' website now provides information to both businesses and recipients. There are instructions to those who wish to submit a complaint about an unsolicited commercial fax or a commercial fax they feel breaches the Act. 

Chris Keall
Thu, 20 Oct 2011
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Fax spam illegal from today
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