Will new legislation mean the end of spam?

Q. Why is the new antispam legislation needed?

A. Email and social media spam can lead to harassment, fraud and identity theft. The federal government says Canadians should not be sent unwanted emails and other electronic messages they have not asked for.

Q. What will the new antispam legislation do?

A. It generally prohibits the sending of commercial electronic messages without the recipient’s consent, including messages on email, direct messages to social networks, and text messages to a cellphone.

The legislation also bans the installation of computer programs without express consent, such as malware, spyware and viruses hidden in programs, spam messages or downloaded through infected links. It prohibits altering transmission data without permission, such as directing Internet users to websites they did not intend to visit.

As well, it prohibits the use of false or misleading online promotions of products or services, and bans email-address harvesting by computer programs and the use of those email addresses without permission.

Q. How are “explicit consent” or “permission” defined?

A. The new laws around electronic messages deal with two types of consent: express and implied.

During a transitional period, consent to continue sending legitimate, commercial electronic messages is “implied” for three years after July 1 “where there is an existing business or nonbusiness relationship” that includes communication of email or social media messages.

Going forward, once a relationship between a customer and business/ organization starts (with a purchase of goods, for example), there will be a time limit of generally two years for this implied consent. The implied consent ends immediately if the recipient says he or she no longer wants the messages. At the end of the two years, businesses and organizations can continue sending emails if an individual conducts more business with them or if they receive express consent from the person.

Express consent means consumers have given an “explicit indication” to continue receiving electronic messages, which does not expire until the recipient withdraws it. An example of express consent could be customers voluntarily offering their email addresses to a cashier on a subscription card in order to receive regular store flyers.

With the new rules, all electronic commercial messages must have an “unsubscribe” option included.

Q. What will my inbox look like after the new rules take effect?

A. You may not notice much of a difference, at least in the early going. Businesses and organizations have the transitional period to adjust to the new rules. Also, lawyers who have studied the legislation say Canadians should not expect to suddenly stop receiving spam emails and unsolicited direct social media messages from outside the country.

Q. How do the changes affect social media?

A. The new rules banning unwanted electronic messages cover direct messages sent to inboxes for social media accounts such as Twitter and Facebook, but not posts to public walls on Facebook and public tweets on Twitter feeds.

Q. What does it mean to companies?

A. A lot of small- and medium-sized businesses are unprepared for the changes and many don’t realize the new laws will apply to them, says Kim Cunnington-Taylor, a lawyer with Ottawa firm Nelligan O’Brien Payne LLP who has studied the legislation and is advising clients.

Q. What about charities, non-profits and political parties?

A. The new laws don’t apply to charitable groups such as churches trying to send a weekly newsletter, for example, while registered Canadian charities will still be able to solicit donations, says Industry Canada.

There’s still some confusion around non-profit organizations, such as community groups, that may not be registered charities but may still try to fundraise. However, the government says the rules don’t apply to non-profits because they’re not engaging in commercial activity. Political parties are also exempted from the tougher rules.