Checklist · Technology, Media & Telecommunications / IT Contracts

Email and SMS marketing campaign checklist (Spam Act consent, sender identification and unsubscribe)

A pre-send checklist for a commercial email, SMS or instant message campaign with an Australian link: consent evidence, sender identification, a functional unsubscribe facility, list hygiene, third-party senders and AI-generated content.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Green AI can do most of the drafting. A lawyer still reviews the result.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 3 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use before each campaign or new marketing automation flow, and when auditing a client’s marketing lists. Use with the client’s privacy policy; direct marketing also engages the Privacy Act.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

Inside this checklist AI may check campaign drafts and list records for consent, sender and unsubscribe elements, with the lawyer settling the checklist and the consent rules once at setup and reviewing any flagged item.

AI may

  • Check each message template for the sender identification, contact details and unsubscribe statement
  • Match the send list against consent records and the unsubscribe and suppression lists, and report gaps
  • Flag messages whose content or call to action makes them commercial

AI must not

  • Must not decide that a recipient has given inferred consent; the consent basis is settled by the lawyer at setup
  • Must not remove or obscure the unsubscribe facility in AI-generated variants of a message
  • Must not generate recipient lists from scraped or harvested addresses

The lawyer checks

  • The consent basis for each list segment is documented and fits Schedule 2 of the Spam Act
  • Sender identification and contact details are accurate and will stay valid for at least 30 days (s 17)
  • The unsubscribe facility is clear, conspicuous and works, and requests are actioned within the period the Act requires (s 18)
  • Third-party senders and affiliates are contractually bound to the same rules

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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