If you’ve received an unexpected text from a political party during this federal election campaign, there’s no need to panic. Your personal phone number hasn’t been sold to Clive Palmer’s Trumpet of Patriots, nor is he personally reaching out to you.
The reality is that a legal loophole permits Palmer and other political factions to send mass unsolicited texts during elections in Australia. Under current regulations, political entities can communicate freely without facing penalties, and traditional opt-out options seen in commercial marketing texts do not apply to them. According to Dr Pandanus Petter, a research fellow from ANU’s School of Politics and International Relations, political communication is exempt from the Spam and Privacy Act, reinforcing the democratic principle of free political discourse.
The Spam Act of 2003 clearly states that any calls, emails, or texts from registered political parties are not bound by most spam laws. This means they can send unsolicited messages without the requirement of including an opt-out link, which many voters have noticed is absent in Palmer’s communications. While blocking these numbers might provide a temporary reprieve, political parties often utilise multiple numbers to continue their outreach.
It’s still unclear how these parties gather mobile numbers, as they aren’t sourced from electoral rolls. Experts suggest that these numbers may be purchased from data brokers. The Australian Electoral Commission (AEC) has confirmed that it does not provide phone data to political parties, which remain exempt from both the Spam and Privacy Acts. Any changes to this exemption would need parliamentary consideration.
Despite the annoyance such messages may cause, parties like Palmer’s continue their text campaigns as a form of broad voter engagement. Though the effectiveness of this approach can be debated, Petter notes that it resembles the diverse marketing strategies used across platforms, including social media. However, the texts can often be poorly targeted and overly general, potentially alienating some voters.
Palmer, who previously led the United Australia Party, founded the Trumpet of Patriots earlier this year and intends to contest seats in the House of Representatives and the Senate. After losing his re-registration bid for the United Australia Party, he formed this new party, which reflects his ambitions in the upcoming elections while promising various contentious policies in mass texts, such as drastic immigration cuts and educational reforms.
In summary, unsolicited political text messages are permissible within the current legislative framework, and while they can be annoying, they serve as a means for political parties to disseminate their messages during election periods.