§ 37 — Meaning of “specified message”

37.—(1) Subject to subsection (5), for the purposes of this Part, a specified message is a message where, having regard to the following, it would be concluded that the purpose, or one of the purposes, of the message is an applicable purpose:(a)

the content of the message;

(b)

the presentational aspects of the message;

(c)

the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the message;

(d)

if the telephone number from which the message is made is disclosed to the recipient (whether by calling line identity or otherwise), the content (if any) that can be obtained by calling that number.[40/2020]

(2) For the purposes of subsection (1), where the applicable purpose relates to offering, supplying, advertising or promoting any goods, service, land, interest in land, business opportunity or investment opportunity, it does not matter whether or not —(a)

the goods, service, land, interest or opportunity exists; or

(b)

it is lawful to acquire the goods, service, land or interest or take up the opportunity.[40/2020]

(3) Subject to subsection (4), a person (A) who authorises another person (B) to offer, advertise or promote A’s goods, services, land, interest or opportunity is deemed to have authorised the sending of any message sent by B that offers, advertises or promotes A’s goods, services, land, interest or opportunity.

(4) For the purposes of subsection (3), a person who takes reasonable steps to stop the sending of a message mentioned in that subsection is deemed not to have authorised the sending of the message.

(5) For the purposes of this Part, a specified message does not include any message mentioned in the Eighth Schedule.

(6) In this section, “applicable purpose” means a purpose specified in the Tenth Schedule.[40/2020]

—(1) Subject to subsection (5), for the purposes of this Part, a specified message is a message where, having regard to the following, it would be concluded that the purpose, or one of the purposes, of the message is an applicable purpose:(a)

the content of the message;

(b)

the presentational aspects of the message;

(c)

the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the message;

(d)

if the telephone number from which the message is made is disclosed to the recipient (whether by calling line identity or otherwise), the content (if any) that can be obtained by calling that number.[40/2020]

(2) For the purposes of subsection (1), where the applicable purpose relates to offering, supplying, advertising or promoting any goods, service, land, interest in land, business opportunity or investment opportunity, it does not matter whether or not —(a)

the goods, service, land, interest or opportunity exists; or

(b)

it is lawful to acquire the goods, service, land or interest or take up the opportunity.[40/2020]

(3) Subject to subsection (4), a person (A) who authorises another person (B) to offer, advertise or promote A’s goods, services, land, interest or opportunity is deemed to have authorised the sending of any message sent by B that offers, advertises or promotes A’s goods, services, land, interest or opportunity.

(4) For the purposes of subsection (3), a person who takes reasonable steps to stop the sending of a message mentioned in that subsection is deemed not to have authorised the sending of the message.

(5) For the purposes of this Part, a specified message does not include any message mentioned in the Eighth Schedule.

(6) In this section, “applicable purpose” means a purpose specified in the Tenth Schedule.[40/2020]