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SEPT 2007 - Friend-Get-Friend and URL Links - Where Do I Stand?

Recent discussions with the Anti-Spam Unit of the Department of Internal Affairs (DIA) has clarified issues surrounding friend-get-friend campaigns. 

These are typical friend-to-friend emails being used in the marketing industry:

1. Invitation to join (website or mailing list)
2. Invitation to participate (in a competition or survey)
3. Recommendation to view an offer
4. Recommendation to read an article, or view content of a commercial nature

The new Act has left some question marks over the practice of friend-to-friend referrals of commercial messages and the guidelines below will help you stay on the right side of the law.

• If you encourage Friend A to forward your email/TXT directly to Friend B, this will be regarded as a "domestic" communication and not spam from the original sender 
• If you encourage Friend A to send the email or TXT to a friend or friends and the message is forwarded through a website, as long as the friend/s details are not recorded and further communications are not sent without them positively opting in, this will not be regarded as spam 
• If you encourage Friend A to send the email or TXT to their whole Outlook Address Book, you will be encouraging spamming and you could be regarded as the third party to a breach of the Act.  

One other area of confusion which has been clarified relates to emails or TXTs which have a link to a commercial message.  Many members have been concerned that including a URL in an ordinary email constitutes a breach.  This is not so.  It is the intent of the message itself which deems whether it is commercial. Simply putting a link to your website in your signature box on a standard email will not make you a spammer.

NB :  It should be noted that this advice is based on verbal discussions with the Anti-Spam Unit of the Department of Internal Affairs.  The legislation has not yet been tested in law.

Any more questions?  Email keith@marketing.org.nz