The three big laws communications professionals need to know

Regardless of what you specialise in as a comms pro, there’s three essential laws that every communicator needs to be aware of. Whether you're a seasoned PR executive, a digital marketer, or a business owner, these laws are crucial for ethical and effective communication practices… and for not getting in big trouble! Let’s have a scope at the big three:

1. The Spam Act 2013

The Spam Act 2013 applies to nearly every single comms you’ve ever received - from the seven hundred emails you get for marketing purposes when you only bought one pair of leggings online, through to the texts from random reminder services. All of this is governed by the Spam Act. 

In an age where technology often races ahead of legislation, this Act emerged to combat the onslaught of unwanted electronic messages bombarding inboxes everywhere. As a communicator, it's vital to understand that sending commercial electronic messages without the consent of the receiver is a big no-no.

Express consent vs inferred consent: Express consent is when individuals deliberately opt-in to receive messages, while inferred consent is based on the relationship between the sender and receiver. However, you should note that simply receiving an email query or inquiry doesn't grant consent to be added to a mailing list.

Identity and unsubscribe: All messages must clearly identify the sender and provide an unsubscribe option. Failure to comply can lead to hefty fines and damage your brand's reputation.

2. The Privacy Act 1998

Next up, we have the Privacy Act 1988, which governs how businesses handle personal information. From a customer’s information on a business’ database, through to staff records - any collection or disclosure of personal data must adhere to the 13 Australian Privacy Principles (APPs) outlined in the Act.

Transparency and security: Communicators must be transparent about how they handle personal information and ensure robust security measures are in place to protect it from misuse or unauthorised access.

Use and disclosure: Personal information should only be used for the purpose it was collected, unless consent is obtained for secondary uses. This principle emphasises the importance of respecting individuals' privacy rights.

3. The Disability Discrimination Act 1992

Our final law underscores the importance of inclusivity in communication. The Disability Discrimination Act 1992 mandates that businesses and service providers ensure their communication is accessible to all individuals, including those with disabilities.

Web accessibility: Websites and digital communications must adhere to accessibility guidelines to ensure everyone can navigate and engage with content effectively.

Inclusive language: Communicators should use language that reflects diversity and avoids stereotypes or exclusionary terms, fostering a welcoming environment for all audiences.

Ethical considerations

Beyond legal obligations, communicators must also navigate ethical grey areas to maintain trust and credibility. This is where the rule of: don’t be a d*ckhead comes in.

Expertise and misrepresentation: Don’t be ridiculous - stay in your expertise and don’t try to misrepresent your knowledge, qualifications or understanding. Your audience may not pick up on it straight away, but they will over time and you’ll be discredited in the process.

Inclusive communication: Use inclusive language and avoid overselling benefits to demonstrate respect for your audience and build stronger connections. 

Stay educated, folks. Keep your friends, fellow creators and communicators and everyone around you aware of these laws and considerations. We need to keep the standards of the industry and communication overall high and to hold others accountable when they aren’t meeting them.

That’s all part and parcel of being a responsible communicator. 

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