Spamming not to be a criminal offense in New Zealand

12.09.2006
Internet service providers have been relieved of the burden of being the first port of call for spam complaints, under proposed legislation that has been reviewed by a select committee.

Parliament's commerce select committee suggests that, instead, spam victims be allowed to complain directly to a government-appointed enforcement agency.

'We were concerned that this requirement [to report first to the ISP] may have been seen as placing unreasonable burdens and significant enforcement costs on service providers,' said the committee. It is also concerned that spam recipients could perceive themselves as being unfairly cut off from direct appeal to a relevant enforcement body.

In spite of the opinion held by some in government circles, and among the internet community, that spamming should be made a criminal offense, the committee favors including spamming offenses under civil law.

However, the committee also said it may be appropriate to review this decision at a later date, depending on the efficacy of the civil penalties.

The category of 'promotional' messages, originally defined separately from 'commercial' messages under the bill, has been removed, but it is unclear whether this makes the planned legislation less or more restrictive. 'We simply aimed to make [the legislation] clearer,' said committee head Katherine Rich.