First anti-spam ruling issued by CRTC; a bracing $1.1 million fine

The first fine has been issued under Canada's ferocious anti-spam law (CASL). According to a story from Canadian Press, a company called Compu-Finder has 30 days to contest a ruling by the Canadian Radio-television and Telecommunications Commission or face a penalty of $1.1 million. Its offence was sending commercial e-mails promoting corporate training courses to consumers without the recipients' consent and without allowing recipients to unsubscribe from the mailings.
Related posts:

• CRTC issues first bulletin telling businesses how to comply with anti-spam legislation
• Anti-spam legislation and opt-in provisions will likely be challenged in court by summer's end
• 'Getting ready for anti-spam legislation's impact on precious mailing lists
• Anti-spam legislation going ahead in July, without addressing some industry concerns
• Will anti-spam legislation endanger magazine gift subscriptions?

BPA/CCAB offering service to help companies comply with anti-spam legislation

Publishers who continue to be alarmed/overwhelmed by the provision of CASL, the Canadian Anti-Spam Legislation, may be looking to third parties to help them navigate the shoals in this, the most stringent anti-spam legislation in the world. Coming into force July 1 and whose compliance requirements come into full bloom within three years, CASL poses a threat to the way publishers deal with existing customers and seek out new ones through such devices as direct mail and e-letters. At least in theory, failure to comply with CASL guidelines can result in significant financial penalties, including major fines. 

A division of BPA Worldwide/CCAB, well-known as a circulation auditor, is offering a new service called CASL-Guard which suggests it could reduce the risk. According to Richard Murphy, senior vice president, technology assurance, at BPA, a CASL-Guard third-party review can demonstrate that an organization exercised due diligence to prevent a violation. 

“Implementing a CASL compliance program, assessed by an independent review, can mitigate an organization’s liability in the event of a CASL infraction,” Murphy added.

Auditors will interview staff, examine documentation and test compliance. Companies that successfully complete the program will receive an iCompli CASL-Guard seal to promote their “certified” status.

Getting ready for anti-spam legislation's impact on precious mailing lists

Given that many magazines in Canada are only now getting their heads around their obligations under CASL, the anti-spam legislation, the following might be a helpful example. The Ontario Media Development Corporation (OMDC) has recently sent out the following message to people on their email list, which is similar to the e-newsletter lists that many magazines use to promote their businesses. Come July 1, the names on those lists need to be requalified -- making provision for readers to actively "opt in", it no longer being allowed to assume consent. The wording may not be appropriate in every circumstance, but it's a good start:

Be Part of It. Stay Informed
You currently receive emails from OMDC containing news and information about our programs, services and events for Ontario's creative media industries. Canadian anti-spam legislation, which comes into effect on July 1, 2014, requires us to receive your agreement to continue sending you this information (PLEASE NOTE -- Correspondence related to tax credit and program applications is not affected.) Please click the appropriate button below to indicated whether or not you consent to receiving email communications from OMDC about programs, services and events. You may withdraw your consent at any time either by visiting our website or contacting us at consent@omdc.on.ca.

“I CONSENT” “I DO NOT CONSENT”

Fight spam, but protect legitimate media activity, federal review is told

The House of Commons industry, science and technology committee has been told by Magazines Canada that Bill C-27, the Electronic Commerce Protection Act -- the so-called "anti-spam" act -- needs to be modified to remove potential impacts on the Canadian magazine publishing industry. While it agrees that e-commerce needs to be regulated, unwanted spam needs to be managed without unduly restricting reasonable online media consumption.

Specifically, in a letter to the clerk of the standing committee which is studying the bill, the national association says that

• Legitimate business activity shouldn't be unnecessarily hindered by the bill. This includes allowing communications with "communities of interest" or people who are likely to have a legitimate interest in a product or service -- things such as direct mail solicitations for magazine subscriptions.
  
• "Request circulation" should be recognized as a legitimate business model, an important circulation method used by the sector -- acknowledging that this is an allowed business arrangement, whether or not a fee is charged to the recipient.
• The burden of fighting spam should rest equally on international publishing competitors. Not requiring the limitation of spam on foreign-originating publications (principally from the U.S.) would give them a significant economic advantage. Mags Can says it needs to be ensured "that we do not, through this legislation, simply silence Canadian voices while the tsunami of foreign spam continues unabated". (While MagsCan didn't say so, there are parallels here with blue box regulations in some provinces, where domestic publishers pay for their contribution to recycling burdens, but international publishers flout the law.)