engage.acma

2Day FM decency condition to apply 24/7 for five years

Editor — Wed, 16 May 2012 04:32:10 +0000

‘I cannot recall in recent memory a more widely framed licence condition on an Australian broadcaster,’ the Australian Communications and Media Authority Chairman, Chris Chapman, said today.

‘The Authority feels this is the tightest licence condition that can be imposed on this licensee concerning matters of decency; and is 24/7, for five years, no exceptions.

‘Further, it is a provision that is both responsive to the licensee’s submissions and with an eye to any future litigation should the licensee seek to challenge the licence condition.’

The full announcement regarding the Kyle Sandiland’s broadcast on 2Day FM is here.

Premium SMS/MMS services and the Spam Act

Editor — Tue, 15 May 2012 04:00:57 +0000

As an e-marketer, you may already use or provide premium SMS and MMS services—SMS content services billed at a premium fee for things like competition entries and ringtone downloads—or you may be thinking about it. As well as complying with the Mobile Premium Services Code 2011 (commonly known as the MPS Code), you must also comply with the Spam Act. We’d now like to explain the relationship between the Spam Act and premium SMS/ MMS messages.

It’s easy, really!

The simple rule for any e-marketer is this—if an SMS you send is a commercial electronic message, then you’ll need to comply with the Spam Act. The same applies to senders of premium SMS and MMS messages. And if you don’t know what your Spam Act obligations are—or worse, choose to ignore them—then you’re running the risk of damaging your business’s reputation.

So what is a commercial electronic message?

The Spam Act is pretty specific about what a commercial electronic message is. In general terms, your SMS will be a commercial electronic message if it promotes and/or advertises products and services. And it’s important to remember that promotion or advertising doesn’t need to be the main reason for sending the message. Even routine premium SMS and MMS messages can be commercial electronic messages if the content of the message promotes or advertises.

The following are examples of premium SMS messages that have been reported to us and that we think do promote and/or advertise products and services:

Yellow is Australia’s most rewarding SMS trivia quiz. You can win great prizes each and every month just by being the fastest to answer all 10 questions! 3D TV’s,MP3 player’s, Cash – could be ALL yours just by playing So REPLY BY SENDING YES ! Or Call Our Customer Support Call : xxxxxxxxx
FreeMsg: U have not sent OK to 19xxxx, your order is waiting..Please do reply OK to enjoy your downloads from Yellow. Help? Call xxxxxxxxx
FreeMSG WIN $5000 CASH Yellow! Q1 Who hosted Hey Hey Its Saturday? A Daryl Sommers or B Rove Reply WIN A OR WIN B Help? xxxxxxxx Stop? Reply stop to 19xxxxx

We think that the senders of these messages all fell short of meeting their Spam Act obligations in one way or another. And we don’t think that they comply with the requirements of the MPS Code either.

So what are the requirements of the Spam Act?

As far as the Spam Act goes, if the content of a message is factual then you need only comply with the sender identification requirements. If the message is a commercial electronic message, you’ll need to make sure that you comply with the three key requirements of the Spam Act:

You must have consent from the owner of the mobile phone.
You must identify yourself in your message and provide contact details.
You must include an unsubscribe facility in your message.

But consent can be curly …

We often receive complaints from people who have received an SMS they did not request. In many cases, the sender claims that a third party must have entered the phone number into a website. Remember that you must always have consent from the owner of a mobile phone. If you’re unsure about this, it’s too risky to send SMS messages, particularly if the content makes them commercial electronic messages. This is not only because you may fall foul of the Spam Act but because, in our experience, people don’t like receiving repeated unsolicited messages. We even hear similar feedback from people who have actually requested a service. As discussed in previous blogs, people will not only tell us about their experience but all their friends too—a sure way to have negative reports spread about your business.

It’s OK—just follow these tips

The good news is that a lot of that consumer anger or frustration can be prevented if you think before you send a premium SMS or MMS message. Consider the following tips:

Is the message in any way a promotion or advertisement?
Can the message be worded in a factual manner?
If the message is a commercial electronic message, do I have consent from the mobile phone owner and an unsubscribe facility?
Does the message include my name and contact details?
Does the message comply with the Spam Act and my other obligations?

Keeping it real—don’t be mistaken for a scammer

Editor — Mon, 14 May 2012 02:08:03 +0000

It’s a digital world and we’ve all received emails and text messages that seem like a scam. But the ACMA often receives complaints about potential scams that turn out to be marketing messages sent by legitimate businesses (and sometimes even by businesses that the complainant has dealt with). We’d like to share some tips so you can ensure that your e-marketing isn’t being ignored because people think it’s a scam. First, let’s look at what is likely to set off warning bells for consumers:

Messages coming from or containing unknown or unusual email addresses and telephone numbers.
Messages containing spelling errors or poor grammar.
Requests for financial/banking details or payments via money transfer.

So, how do you make sure people don’t think your marketing messages are a scam?

Mind your language

Poor spelling and grammar are the hallmarks of a scam. So, before you put fingers to keyboard, take the time to:

Consider your audience—who is your message aimed at and what is the best way to communicate with them?
Use the spelling and grammar check function. Once you’ve finished the first draft, take a break and then come back and review it.
Think about whether you would be happy to receive this message? Does it make sense? Would you give someone your credit card details on the basis of it?
Ask someone else to read it and give you feedback.

Identify yourself

Always include information in your message that clearly identifies your business. E-marketing is all about brand awareness and reputation; you can’t build either if your business or brand isn’t clearly identifiable.

Equally important, make sure you include clear contact information (such as an email address or phone number). Not being able to contact a business will often set off warning bells in a consumer’s mind. And remember, if a customer can’t contact you, they can’t buy your products.

Pay it safe

Scams are all about getting money by deception, so requests for money or financial details are often viewed with suspicion. Would you do business with someone if you thought your money was at risk? The answer is a resounding NO—so don’t expect that your customers would either. If you want their business, providing secure payment options is a must.

Get permission

If people know who you are and why they are receiving e-marketing from you, they won’t consider your message to be a scam. If they have subscribed to your newsletter, or purchased from you in the past, consider writing that in your message.

See our previous blogs about permission—Using purchased lists, Conspicuous publication and Express consent—for more advice.

Register a domain name for your business

Using a relevant domain name (such as mybizdomain.com.au) to create a website for your company and any associated email addresses (such as sales@mybizdomain.com.au) will go a long way to satisfying a potential customer and building your reputation.

Even if you outsource your e-marketing, having your own domain name is still relevant. Depending on how your e-marketing service provider works, you may be able to add your email address to the sender information. Alternatively, you can use the website address and email address in the content of the message to add to your brand awareness. Remember, consumers won’t be interested in your business or brand if they think you might be a scammer.

And if you really don’t want or need your own website, there are a number of businesses that will provide you with personalised email addresses, generally for a very low fee.

Tips

Make your message clear and easy to understand—pay particular attention to grammar and spelling.
Make sure your message clearly identifies your business and how to contact you.
Be cautious about asking for money.
Ensure that you provide secure payment options.
Make sure you have consent to send the marketing messages—customers should know who you are and why they are receiving messages from you.
Where possible, use a domain name and email address that relate specifically to your business.

The ACMA recognised for cybersecurity achievements

Editor — Fri, 11 May 2012 05:26:01 +0000

The ACMA’s innovative cybersecurity program, the Australian Internet Security Initiative (AISI), has been recognised with a nomination in the ‘Best Security Initiative’ category of the AusCERT 2012 Australian Information Security Awards. The AISI is one of the world’s first public–private partnerships designed to reduce the impact of botnets.

Botnets are groups of computers infected by malicious software (malware). The malware enables infected computers to be remotely controlled by cyber criminals for malicious activities, such as the mass distribution of spam and malware, the hosting of ‘phishing’ sites and distributed denial of service (DDoS) attacks on websites.

The AISI aims to reduce the number of ‘bot’-infected computers on Australian IP address ranges by collaborating with the internet industry. There is comprehensive industry participation in the AISI—with 114 internet service providers and 13 universities currently on board.

Each day, the ACMA sends AISI members reports of infected computers on their networks. Once these reports are received, members are expected to correlate information in the reports to determine which customers are associated with the infected computers and advise them of the infection. This process enables the customer to undertake remedial action to address the problem.

The ACMA is one of three finalists for the award, which will be announced on 17 May 2012. Further information on the AISI is available here.

New and improved Five-year spectrum outlook now available

Editor — Fri, 11 May 2012 01:13:15 +0000

Welcome to the 2012 edition of the ACMA’s Five-year spectrum outlook. Published for the first time as an electronic magazine, the Outlook is now more streamlined and easy to navigate.

The Outlook is an annual publication that considers the range of the radiofrequency spectrum from about 500 kHz to 80 GHz. Most of the competing demand exists for spectrum between 400 MHz and 6 GHz, and the Outlook provides an overview of spectrum demand drivers and our top spectrum projects and specific priorities for the 2012–16 period.

This fourth edition brings together information, analysis and work plans in an easy-to-use digital format. It gives our stakeholders and anyone interested in spectrum access to essential information and encourages collaboration between all users of spectrum. For the first time, users will be able to share information from the Outlook through a multitude of social media applications.

The Outlook is a ‘living’ document and is always open to comment and feedback from stakeholders. It is updated each year to take account of changing priorities and demands.

We hope you enjoy this new interactive edition. Please click around the document as it will lead you to further subject-specific information on not only our websites but also industry and research sites.

The current and previous editions of the Outlook are available here.

New submarine cable to link Perth and Singapore

Editor — Fri, 11 May 2012 00:21:56 +0000

The ACMA has granted Nextgen Networks Pty Ltd a non-protection zone permit to lay submarine cable off the coast of Perth. The permit is for a nationally significant fibre-optic submarine cable that will link Perth and Singapore. The permit issued by the ACMA authorises construction of a submarine cable from City Beach in metropolitan Perth through the Perth Submarine Cable Protection Zone and Australia’s Exclusive Economic Zone.

Australia’s submarine cables carry the bulk of our voice and data traffic, and are a vital component of our national infrastructure linking Australia with other countries. Installing submarine cables within protection zones helps mitigate the chance of cable damage. Certain activities are prohibited or restricted within these zones and significant penalties apply if damage occurs. There is no variation to the Perth Protection Zone as a result of the permit being issued.

Further information is available on the ACMA website.

The agenda for RadComms2012 is now available

Editor — Wed, 09 May 2012 05:14:50 +0000

The agenda for RadComms2012 is now available. You can view this agenda here with full details of this year’s impressive line-up of session themes and speakers.

NASA scientist Dr Compton Tucker to deliver keynote address at RadComms2012

Editor — Tue, 08 May 2012 02:04:51 +0000

Dr Compton Tucker, Senior Research Scientist in the Earth Sciences Division at NASA’s Goddard Space Flight Center and Adjunct Professor at the University of Maryland, will lead the session on ‘Fingerprints of nature’ at RadComms2012. His presentation, ‘Observing climate with satellites—are we on thin ice?’, will highlight the importance of spectrum to our geological understand of the Earth and its atmosphere.

The Earth’s climate is determined by irradiance from the Sun and properties of the atmosphere, oceans and land that determine the reflection, absorption and emission of energy within our atmosphere and at the Earth’s surface. Since the 1970s, Earth-viewing satellites, operating at frequencies where unique properties of the Earth can be remotely sensed, have complemented non-satellite geophysical observations with consistent, quantitative and global measurements that have led to an unprecedented understanding of the Earth’s climate system. Dr Tucker will describe the Earth’s climate system as elaborated by satellite and in situ observations, review arguments against global warming, and show the convergence of evidence for human-caused warming of our planet.

Since graduate school, Dr Tucker has used satellite data to study global land photosynthesis, tropical and temperature deforestation, arid and semi-arid lands and ecologically coupled diseases. He has also used satellite data to study glacier variations in Turkey and in tropical Central and South America. The author of 160 scientific papers that have been cited more than 16,000 times, Dr Tucker has been awarded NASA’s Exceptional Scientific Achievement Medal, the National Air and Space Museum Trophy, The Mongolian Medal of Friendship, The Henry Shaw Medal from the Missouri Botanical Garden, and the Galathea Medal from the Royal Danish Geographical Society. He is also a fellow of the American Geophysical Union.

Time is running out, so make sure you check out the full agenda and register for RadComms2012 by 28 May.

Presentations from the ‘Tuning in to kids TV’ forum

Editor — Mon, 07 May 2012 06:02:03 +0000

Several presentations from the recent ‘Tuning in to kids TV’ forum, the second event in our Citizen conversations series—are now available, along with a summary report (Word 736Kb, PDF 297 Kb) of proceedings.

The half-day forum featured presentations from humorist and children’s author Wendy Harmer, industry stakeholders, child development experts, researchers and children. Topics included the specific needs of 5-11-year-olds; non-drama programming; and how children’s programming should deal with violence, dangerous behavior and level of threat.

Video recordings from the forum can be viewed on the engage.acma.go.au/video blog or the ACMA youtube channel.

Professor John Dickey to speak at RadComms2012

Editor — Thu, 03 May 2012 04:55:43 +0000

We are excited to announce that Professor John Dickey will be speaking at RadComms2012, to be held in Melbourne on 6 and 7 June. Professor Dickey will be speaking in the opening session, ‘Fingerprints of nature’.

Radio astronomers find their way through the cracks and dark alleys of the spectrum, searching for quiet corners where they can still detect the radiation that comes to us over hundreds of millions of years from distant galaxies. When they can find clear channels with no interference, they can do amazing things with the astronomical radiation they detect, from measuring the temperature of the big bang to calibrating the positions of the GPS navigation satellites. Since the early days of radioastronomy in the 1940s and 50s, Australia has dominated this field in the southern hemisphere and continues to lead the world in receiver technology and surveys of the sky. University-based researcher and observatory director Professor Dickey will give an overview of radioastronomy in Australia—now and in the future.

Professor Dickey trained in Astrophysics at Cornell University and is now based at the University of Tasmania, having held positions at the University of Minnesota, the US National Radio Astronomy Observatory and the University of Massachusetts. He has served on advisory committees for NASA, the National Science Foundation, the National Radio Astronomy Observatory, the National Astronomy and Ionosphere Center, the Australia Telescope National Facility, the Australian Antarctic Division, and the International Square Kilometer Array Consortium.

To hear Professor Dickey, engage with spectrum experts, participate in open forums and share the latest developments and trends, register now for RadComms2012. A full agenda for the event is also available and is being updated regularly.