Developed by a national development committee of industry, regulatory and consumer representatives*, which was Chaired by the ADMA CEO, Rob Edwards, the new Code will sit alongside Australia’s anti-spam legislation introduced in April last year and will be binding on all organisations that use either email or mobile as a primary form of marketing, as well as third parties who market on behalf of a client.  

Providing a more detailed and specific guide to email and mobile marketing - particularly in those areas where there is currently some confusion, such as consent and viral marketing, the eMarketing Code will offer significant benefits to those companies operating in this sector.  It will also help all other companies who use email in their business, but aren’t necessarily covered by the Code, to ensure they are acting lawfully under the new Spam legislation.

The registration of the Code with the ACA will also provide consumers with an additional layer of protection, as the ACA will now be able to issue warnings and fines to any company who does not comply with the Code of Practice.  ADMA has been given powers as an official ‘Recognised Industry Body’ (RIB) and, as such, will be able to consider complaints, and take action under its self-regulatory scheme, against any of its member companies who are in breach of the Code.

Rob Edwards, CEO of ADMA and Chairman of the eMarketing Code Committee, welcomed the move:

“The registration of the eMarketing Code of Practice with the ACA sends a strong message to both e-marketers and consumers that the marketing industry is committed to promoting responsible and best practice marketing, and that we will take any breaches of the Code very seriously. It not only provides companies with detailed guidance to helps ensure they are aware of the legal implications of sending email and mobile marketing communications, but consumers can also rest assured that there is an effective complaints handling process in place now through the ACA and the relevant Recognised Industry Bodies.” 

Copies of the eMarketing Code of Practice can be obtained from the ADMA website www.adma.com.au or by phoning ADMA on 02 9368 0366.