Page:Spam Control Act 2007.pdf/13

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SECOND SCHEDULE

Section 11

REQUIREMENTS FOR UNSOLICITED COMMERCIAL ELECTRONIC MESSAGES

Interpretation

1. In this Schedule—

“header information” means the source, destination and routing information attached to an electronic message, including, where applicable, the originating domain name and originating electronic mail address, and any other information that appears in the line identifying, or purporting to identify, the sender of the message;

“mistake” means reasonable mistake of fact.

Unsubscribe facility

2.—(1) Subject to sub-paragraphs (2) and (3), every unsolicited commercial electronic message shall contain—

(a) an electronic mail address, an Internet location address, a telephone number, a facsimile number or a postal address that the recipient may use to submit an unsubscribe request; and

(b) a statement to the effect that the recipient may use the electronic mail address, Internet location address, telephone number, facsimile number or postal address, as the case may be, provided in the unsolicited commercial electronic message to submit an unsubscribe request, or a statement to similar effect.

(2) Where the unsolicited commercial electronic message is received by the recipient by electronic mail, the unsolicited commercial electronic message shall include an electronic mail address to which the recipient may submit an unsubscribe request.

(3) Where the unsolicited commercial electronic message is received by the recipient by text or multi-media messaging sent to a mobile telephone number, the unsolicited commercial electronic message shall include—

(a) a mobile telephone number to which the recipient may submit an unsubscribe request by text if the unsolicited commercial electronic message is received by text; or

(b) a mobile telephone number to which the recipient may submit an unsubscribe request by text or multi-media messaging at the recipient’s option if the unsolicited commercial electronic message is received by multimedia messaging.

(4) The statement referred to in sub-paragraph (1)(b) shall be presented—