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Home / Spam laws / Whether or Not Spam is Free Speech
Whether or Not Spam is Free Speech

Spam is a problem that we have all had to deal with at one point in time – whether it is e-mail spam, cell phone spam, or even unwanted and harassing telephone calls; and many of us are sick and tired of it. The professional spammers, however – the ones who do this for a living think otherwise, believing their actions to be protected by the notion of “Free Speech”. However, court systems in the United States, the United Kingdom, and even New Zealand seem to disagree.

United States: There are many prime examples of very prolific spammers being prosecuted successfully within the United States of America. In 1998 a company known as Cyber Promotions (or Cyberpromo) was put out of business after their company was blacklisted as a known spammer. Since then several others have been charged as well, including a former AOL employee, an individual who claimed to be an anti-spam activist, and many others.

United Kingdom: There have been several successful lawsuits brought against spammers within the UK as well. In one case a man was awarded £270 in a claim regarding spam that was being sent to his personal e-mail account, while another received a total of £1368.66 in his own separate settlement.

New Zealand: The country of New Zealand also has some precedent for lawsuits against known spammers, too. In a 2008 raid that was sparked by the United States’ FTC (Federal Trade Commission), several people were cited in connection with an enormous international spam campaign. Their assets were frozen, and New Zealand’s internal affairs filed a $200,000 claim against them.

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