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

Disposing Of Shares – An Explainer For Shareholders

Disposing of shares can occur through share sales or transfers, but the process differs between public and private companies. Find out more here.

A Guide to Directors’ Duties in Australia: The 6 Duties You Need to Know (2026 Update)

Understand your core directors’ duties in Australia. These are not optional - they are essential legal obligations. Ensure compliance with our full guide.

The Difference Between Promissory Notes & Loan Agreements

A promissory note and a loan agreement both outline arrangements for repaying borrowed money, however their legal connotations differ.

Discretionary Trusts vs Unit Trusts (2026 Update)

When establishing a trust, it's important to know the different types. Find out how discretionary and unit trusts work here.

Competition Permits in Australia: A State-by-State Breakdown

Do you know when competition permits are required in Australia? Read this article to find out when they’re required in every state.

Casual Loading: When Do Employers Pay It?

Employers should be aware of when they need to pay their employees casual loading. Keep reading to find out when this applies.