The Australian Communications and Media Authority (ACMA) has fined two companies a total of $13,200 for breaches of the Spam Act. The company spammed using mobile phone SMS rather than the more traditional email.

Queensland-based Global Racing Group and a second company Australian SMS were fined for breaching the Spam Act and the Australian e-marketing industry code of practice.

"According to the authority, the companies sent out, via an offshore third-party, more than 50,000 commercial SMS messages marketing an investment scheme in software which provided horseracing tips.

"Lyn Maddock, acting ACMA chair, said SMS spam is not exempt from the provisions of the Spam Act and is often perceived as more intrusive than e-mail spam. The involvement of a third-party located offshore did not mean the provisions of the Act could be circumvented, Maddock said.

"Maddock said all businesses are required to comply with the Spam Act, no matter how large or small their marketing activities. The Spam Act requires that commercial electronic messages only be sent with consent, that they include accurate identifying information about the sender and that they include a functional, unsubscribe facility."

Source: ComputerWorld