Unsolicited Texts: Are They Legal as Clive Palmer Claims?

Table of Contents

Share at:

Clive Palmer yesterday issued a clear “Can’t Stop, Won’t Stop” to the Australian public in regards to the unsolicited text messages  sent out encouraging us to vote for his United Australia party. The messages that United Australia have been sending out contain party slogans and general campaign material. The texts reached over 5 million phones, with the numbers legally purchased from an undisclosed advertising agency. Many Australians are unsure as to why they were recipients of these messages, and how the party got their numbers. There was also a general skepticism as to whether this practice is actually legal.

Legislation

Clive Palmer hit back at the disgruntled public, claiming the texts are completely legal, pointing to the provisions of the Privacy Act as justification. He believes that under the legislation all registered political parties can contact Australians using text messages. Technically speaking Clive’s got this one right, and there’s nothing we can really do about it. A minor correction to Clive’s return serve though, is that the exemption allowing political parties to send these type of messages is actually found in the Spam Act .

This legislation specifically bans commercial messages that spam consumers. A commercial message essentially means that the contents of the texts have to be offering or promoting a sale. However, the Act does list a number of exceptions to this provision. Messages can be legally sent to anyone as long as they come from a government body, registered political party, registered charities and educational institutions. There is no requirement of consent from the recipient, however the message must display clearly who has authorised the text.

Screenshots of Palmer’s geo specific messages confirm that the simple requirements of the legislation are present. The Australian Communications and Media Authority (ACMA)  were also able to verify Palmer’s claims of legality. The authority’s website conveys that a breach is not apparent, as the messages do not facilitate any form of sale. The ACMA is responsible for administering the provisions of the Spam Act as well as responding to spam related complaints.

What You Can Do?

In cases like this, it is difficult to prevent and stop these types of unsolicited messages from reaching your phone. With no clear method available to unsubscribe, your best option is to block the number that links to the text. In addition, you can make a complaint to ACMA, although this wont stop you receiving any messages in the future. If unsolicited messages become a significant issue and you feel they do breach the relevant laws, the advice of a privacy lawyer may be of use.

Need more information? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Your Guide to Launching an App (2026 Update)

Have you ever thought about launching an App? Find out the legal, marketing and development processes you need to follow here.

Key Differences Between a Deed and a Contract

Deeds and contracts are both legally binding documents, but they are not the same. Find out how they're different in this article.

JP & Notary Public: What’s the Difference? (2026 Update)

A Justice of the Peace (JP) and Notary Public perform similar roles, but they're different in terms of what they can witness. Read more here.

Is a Verbal Agreement Binding and Can It Hold Up in Court?

Does a verbal agreement have the same legal force as a written agreement? Get the answers you've been searching for in our guide.

How To Write an Expression of Interest When Filing Tender

New businesses may feel intimidated by the tender process. In this article, you will learn what an expression of interest for tenders is and how to write one.

How to Start Your Own Bookstore

Eager to open your own bookstore but not sure where to start? Here we've set out some steps on how to start your very own bookstore.