ASA factsheet on reducing unwanted commercial e-mail (Spam)

Background

More of us are using the Internet and e-mail everyday - for shopping, entertainment and business. E-mail can be a useful way for companies to tell us about new products and services and special offers. Many of us subscribe to e-mail newsletters from organisations that we are interested in. However, just as our use of e-mail flourishes, the amount of unsolicited commercial e-mail, or spam, in our inboxes grows too. For many, spam is an increasing nuisance: it takes time to filter out spam from legitimate e-mails and much of it advertises dubious products or makes bogus claims.

What we're doing

The Committee of Advertising Practice (CAP) has updated the rules on e-mail marketing in the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code). The CAP Code is the rulebook used by the Advertising Standards Authority; it now states that advertisers should send commercial e-mail only to people who have given their explicit consent to receive it. The only exception is that advertisers can still send unsolicited e-mail to existing customers about similar products without their consent - so long as customers are given an opportunity to object to receiving further e-mail. The rules reflect EU legislation that came into force in December 2003. Also, all commercial e-mail should make clear in the subject box that it is a commercial communication so that recipients can delete it without opening it.

These rules should help to clean up the use of e-mail by UK advertisers. It is important to note, however, that it will not be possible to apply the rules to overseas traders as they fall outside the ASA's jurisdiction. The vast majority of the worst of the spam that clutters our in-boxes is sent from outside the EU. So although the ASA has taken a small step, it is going to take a concerted effort from regulatory authorities and Internet Service Providers at a global level to tackle the problem of spam.

What you can do

Consumers can play their part in reducing the amount of spam they receive. The UK online advertising industry, through the The Interactive Advertising Bureau UK (www.iabuk.net) along with overseas bodies such as the US Federal Trade Commission (www.ftc.gov), have drawn up action plans for consumers to help stem the flow of spam. Below are some of the steps online consumers should follow:

1. Displaying your e-mail address on websites

Try not to display your e-mail address in public, such as on websites, newsgroups, chat rooms or an online service's membership directory. When signing up for services remember to check whether doing so will mean your address will be posted online. See if you can opt-out of this happening.

Consider having a second "public" e-mail address for public display online. You can then use this address for entering online chats and for online shopping, for example. Then, if your second address starts to receive spam you can close the account without affecting your permanent, "private" address.

2. Your e-mail address name

Use a unique e-mail address. Your choice of e-mail addresses may affect the amount of spam you receive. Spammers use "dictionary attacks" to sort through possible name combinations at large ISPs or e-mail services, hoping to find a valid address. Thus a common name such as jsmith may get more spam than a more unique name like js45c19mith. Of course, there is a downside - it's harder to remember an unusual e-mail address!

3. Privacy Policies

Whenever you sign up for an online service - whether you are subscribing to a newsletter or purchasing goods or services online, for example - always read carefully the terms and conditions, privacy policy and any other statements that describe how the site will use your personal information. Think whether you are happy about what they intend to do with your information. They may want to mail you or pass your details to other companies so that they can mail you.

Remember to read any tick box text carefully: some may say you have opted-out of receiving e-mail whilst others may say you have opted in!

4. Replying to Spam

Unless you feel it is from a legitimate company that has made a genuine mistake in mailing you, don't respond to spam e-mail messages. Don't even unsubscribe. Sending a reply, even if it's a request to be taken off their database, may confirm the account is active and may encourage the spammer to send more mail. If it's clear the e-mail is from a legitimate company, like a large high street retailer or utilities supplier you have heard of, use their unsubscribe procedure as this will probably be the easiest way to stop receiving e-mail in future.

5. Filters

Most e-mail software comes with filters that can scan and block e-mail messages that include suspect text like "Get rich quick" or similar words and phrases, and those with multiple forwards or huge distribution lists. You should find out if your software has this functionality and make sure it is switched on. If you have an e-mail address for personal use and another for public and e-commerce use, you may want to set the filters on your personal address so that only mail from people in your address book is accepted. Ask your Internet Service Provider for advice about filters it offers. If you don't have filters you may be able to buy or download filtering software.

6. When to contact the ASA

If you are receiving e-mail from companies based in the UK that you have had no dealings with before and you know that you have not given them permission to contact you by e-mail, you can contact the ASA about the e-mail and we will take action to stop the company e-mailing you again. Simply save the e-mail and then visit the online complaints form on our website where you can upload the e-mail as an attachment. If we can identify and track down the company behind the e-mail, we will act to stop them sending spam.

It is important that this procedure is followed. Please don't forward spam to an ASA e-mail address unless a member of ASA staff has asked you to do so; if everyone who received the millions of pieces of spam sent from around the world simply forwarded the e-mail to the ASA, we simply wouldn't be able to cope.

Remember, we can only help stop e-mail from companies based in the UK. Companies that you have already dealt with (those you have shopped with or you have asked for information) can still e-mail you about similar goods and services, as long as they give you the opportunity to object to receiving further e-mail.

For more information on how the ASA regulates new media such as the Internet, take the new media guided tour by clicking the link on the homepage of this site.