Spammer faces slammer

Stuart Corner
Thursday, 20 April 2006 03:07

IT Policy - Regulation

The ACMA has secured a successful prosecution in the first case taken to court under the 2003 Anti-Spam Act, against West Australian company Clarity1 and its managing director, Wayne Mansfield. The ACMA claimed that, in the 12 months after the Act came into force, Clartiy1 sent out at least 56 million emails most of which were unsolicited and in breach of the Act.

Clarity1 claimed that these were sent to people who had opted to receive them, or to lists gathered before the Act came into force. Both these defences were rejected by Justice Nicholson in the Federal Court in Perth.

ACMA chairman, Chris Chapman said the case was an important test case and "should give Australians confidence in the effectiveness of this important legislation."

The court has not yet decided what penalties to impose.