Dear M/- Saho
I refer to the complaint that you lodged on 19 July 2004, with the
Australian Broadcasting Authority (ABA) regarding receipt of unsolicited and
offensive e-mail.
Please note that the ABA's powers under Schedule 5 to the Broadcasting
Services Act 1992 (the Act) do not extend to investigating complaints
regarding unsolicited email (SPAM).
Where an email contains details of Internet content the ABA may investigate
that content. In order for the ABA to initiate an investigation into
Internet content a URL or other access details of the Internet content are
required.
The ABA is aware that an email is currently circulating the web with the
subject "HORNY CHILLD POOORN." The ABA has received numerous complaints
about this particular email and an investigation into the web site
advertised by the email has recently been completed by the ABA. Following
this investigation, the ABA is satisfied that the Internet content is hosted
outside Australia, and that the content is prohibited or potential
prohibited content.
The ABA has deemed the content to be sufficiently serious, warranting
referral to an appropriate law enforcement agency.
The government body, the Australian Communications Authority (ACA) is
directly responsible for enforcing the Spam Act 2003, monitoring spamming
activities, promoting public education and working internationally to combat
Spam. The email address by which you may report Spam to the ACA is
mailto:reportingspam@aca.gov.au. This and other relevant information is
available on the ACA's website. Please see
http://www.aca.gov.au/consumer_info/spam/reportingcomplaintsenquiries.htm.
The ABA is happy to receive any future complaints from you in relation to
Internet content however the Act specifies that the complainant must provide
sufficient detail for an investigation to be accepted and Internet content
does not include Spam emails.
The online complaints form, located at
http://www.aba.gov.au/what/online/www.asp, sets out the required information
and is the preferred method for receiving complaints. Complaints received
through the form are processed automatically up to the investigation stage.
Thank you for bringing this matter to the attention of the ABA. I hope this
information is of assistance to you.
Yours sincerely
L Owens
Investigator
Content Assessment Section
Australian Broadcasting Authority
