Do-Not-Call register discussion paper released

Stuart Corner
Sunday, 30 October 2005 13:42

IT Policy - Regulation

Communications minister, senator Helen Coonan, has released a discussion paper canvassing options for a national, legislated 'Do Not Call' register that would give consumers the right to 'opt-out' of telemarketing approaches at any time.

The paper proposes that people could put their number on a register, and telemarketers, including telemarketers from overseas, would face penalties if they phoned a number on the register.

"The Australian Direct Marketing Association has been very supportive of a regulated solution and I welcome its cooperation," Coonan said. "Both the UK and US have experience in setting up registers, so we have the opportunity to learn from international experience and canvass the issues with industry, stakeholders and the community more broadly."

Any register to emerge from the discussion paper will not apply to fax messages. These could, in future, be covered by the Spam Act. The paper notes that "As a result of objections raised by business, the Spam Act does not cover commercial messages sent via facsimile but has the capacity to do so. A review of the Act to be undertaken before April 2006 will reconsider whether facsimile transmissions should be covered by the legislation. For this reason, discussion of a 'do not call' register will not address telemarketing by facsimile. "

The possibility of an 'opt in' register is canvassed in the paper but rejected on the grounds that it would be overly restrictive of legitimate businesses, and that such an approach has been rejected in both the US and UK for similar reasons.
"An opt out approach was defended in the United Kingdom on the grounds that, while the UK Government wanted to protect the rights of individuals, it saw a legitimate role for telemarketing in the economy. The objective of the legislation was therefore to encourage responsible business practices.

"Similarly, the Federal Communications Commission (FCC) noted in relation to the United States' Do Not Call Registry, that the privacy of individuals needed to be balanced with commercial freedoms of speech and trade."

Both jurisdictions rejected an opt in approach, with the United Kingdom arguing it would be unacceptable to business, and the United States noting it would be 'overly restrictive on the telemarketing industry'.

Submissions to the discussion paper are due by close of business Wednesday 30 November. It can be downloaded from here.