As election season ramps up, many Australians find their phones buzzing with text messages from political parties and candidates. These messages bypass the usual protections against spam through specific exemptions in Australian law.
Political parties and their representatives operate under a different set of rules when it comes to electronic communication. Unlike commercial entities, non-commercial phone calls, emails, and text messages from registered political parties are largely exempt from the Do Not Call Register Act 2006 and the Spam Act 2003. This means that even if you have registered your number on the Do Not Call list, political parties can still legally send you unsolicited text messages and gather your number from lists including the electoral roll.
Furthermore, the Privacy Act 1988 also contains exemptions for registered political parties and political representatives when they are carrying out what's termed an "exempt political activity." A political representative, in this context, refers to a member of parliament or a councillor in a local government authority.
This group of legislation was designed to offer relief from unsolicited, unwanted direct marketing. However, this does not stop the deluge of political spam at election time due to broad political exemptions sewn into the legislation decades ago.
According to the legislation, an “exempt political act” includes actions or practices carried out for:
- An election under an electoral law
- A referendum under a federal, state, or territory law
- Another aspect of the political process in which the political representative is involved
This broad definition essentially covers the communication efforts parties and representatives undertake to campaign, inform the public about their platforms, and encourage participation in the democratic process. Importantly, this exemption extends beyond just the party and the representative themselves.
In essence, the legal framework in Australia prioritises the ability of political parties and representatives to communicate their messages directly to the electorate during crucial democratic processes. While this can lead to an influx of political text messages and emails, it is currently permitted under the existing legislation due to these specific exemptions.