s 5 Meaning of “unsolicited”
5.—(1) In this Act, an electronic message is unsolicited if the recipient did not —(a) request to receive the message; or (b) consent to the receipt of the message. (2) For the purposes of subsection (1), a recipient is not to be treated as having requested to receive the message or consented to the receipt of the message merely because the electronic address of the recipient was given or published by or on behalf of the recipient. (3) For the purposes of subsection (1), where a recipient of an electronic message, other than an unsolicited electronic message, submits an unsubscribe request, the recipient is not to be treated as having requested to receive or consented to the receipt of any message sent after the expiry of 10 business days after the day on which the unsubscribe request is submitted.