Australian court fines millions in penalty for SMS spam

Industry: Thurs 12th November 2009

The Australian authority is tackling unsolicited spam messages with substantial penalties imposed under the Spam Act 2003.

$15.75 million have so far been fined since the Australian Communications and Media Authority (ACMA) has started to action against mobile spam.

"This is a significant outcome for all mobile phone users" said Chris Cheah, Acting Chair of the Australian Communications and Media Authority (ACMA). "The maximum penalties provided for under the Spam Act are very high. The ACMA considers that the substantial penalties imposed by the court in this case show that spam will not be tolerated in Australia."

Mobilegate Ltd was fined $5 million and Winning Bid Pty Ltd $3.5 million in August 2009 along with three indiduals; Mr Simon Anthony Owen - $3 million; Mr Tarek Andreas Salcedo - $3 million; Mr Glenn Christopher Maughan - $1.25 million.

"In the ACMA's view the conduct of these respondents was particularly malicious and deceitful as it deliberately and systematically preyed upon vulnerable people, offering false hope and expectations", Mr Cheah said.

It is interesting to see that the Australian authorities have the power to raise punitive fines at a considerably higher level than the UK and Europe.

Mark Brill, txt4ever's CEO and Chair of the DMA Mobile Council Commented: "these rulings are important for anyone undertaking mobile marketing activity. Brands and marketing agencies should be aware that there is a low tolerance to spam in the mobile channel."

txt4ever recently conducted research into UK mobile users' attitude towards mobile spam and found that 69% of people have received spam messages.

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