AustraliaA company sent a commercial text message without including sender details. Is this against the law?
Yes, it is against the law in Australia for a company to send a commercial text message without including clear sender identification.
What the Law Says
Australia’s Spam Act 2003 strictly regulates commercial electronic messages, including SMS. It requires that all such messages include accurate sender identification and an unsubscribe facility — and that the message be sent only with the recipient’s consent.
Under the Spam Act 2003, a commercial electronic message must contain accurate information about the person or business who authorised the message. This includes the sender’s name and either a physical address or an email address.
The law applies to any message that promotes, advertises or markets goods, services or business opportunities — even if it’s free or unsolicited.
Failure to comply can lead to civil penalties, injunctions, and, in serious cases, criminal prosecution.
Statutory TextA commercial electronic message must include information that identifies the person who authorised the sending of the message.
— Spam Act 2003, s. 45 — Identification requirements
Statutory TextA commercial electronic message must include a functional unsubscribe facility.
— Spam Act 2003, s. 46 — Unsubscribe facility
What to Do
Check whether the message was ‘commercial’ (e.g., promoted a product, service or business).
Confirm whether the sender’s name and contact details (e.g., business name and address or email) were included.
Report the breach to the Australian Communications and Media Authority (ACMA) via acma.gov.au/spam.
Keep a copy of the message as evidence.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.