How political parties can legally spam voters during the federal election

Australia Broadcast Center

28-04-2025

In the week of the federal election, voters have raised questions around how political parties are allowed to send spam texts without opt-out options.
Millions of Australians have been receiving multiple text messages from Clive Palmer's Trumpet of Patriots party, setting off a firestorm of debate on social media around the legalities of campaigning.
But how do politicians get hold of phone numbers in the first place? And what can you do about it?
'Invasive messaging'
Aimee Edwards, a journalist with B&T— an online publication for the media, marketing and advertising industries — said the first reports of the "invasive messaging" from Mr Palmer's party started around last Thursday.
"Everyone you speak to seems to have seen one," she told ABC radio.
"Everyone online is feeling very harassed.
"Regardless of your political persuasion, everyone is just kind of annoyed.
"They [Trumpet of Patriots] do just seem to be sort of spraying and praying to everyone that they possibly can."
Texts seen by the ABC outline the party's policies. Here is one example:
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Solve housing fast trains 20 min CBD cheaper land. Super for deposit 3% interest, cut immigration by 80%.
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Another example of a message appearing to come from Trumpet of Patriots.
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Photo/Supplied
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One reader, Neil, who chimed into the
How do parties get your number?
The Australian Electoral Commission (AEC) said it had "no insight" into how political parties collected mobile phone numbers, except to confirm that the data was not provided by the commission.
"Political parties are exempt from the Spam Act and the Privacy Act and are able to send unsolicited text messages without an opt-out option." an AEC spokesperson said.
Photo shows
A person holds a pen and a stack of postal vote papers.
Australia's electoral commissioner has urged voters to "carefully consider" who they give their personal information to as the election campaign gets underway.
"Any changes to these laws would be a matter for the Parliament to consider."
ABC Chief Election Analyst Antony Green said he presumed Trumpet of Patriots had bought telephone number lists from data harvesters.
"The electoral roll is not a useful source of phone numbers," he added.
"Generally these days political parties narrow-cast their message based on any information they have collected about voters, or by aiming at specific social media channels."
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Only Clive Palmer has enough money to engage in scattergun tactics like texting every phone number they can get hold off.
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ABC election analyst Antony Green said politicians usually target texts to people in a specific seat.
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AAP: Chris Crerar
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Green said a traditional party would always want to target phone messages to people in a particular seat, not to everyone across the country.
Why are political parties exempt?
Unlike telemarketing companies, political parties are exempt from spam and marketing laws during election periods or "periods of debate", the Australian Communications and Media Authority says.
The messages are not considered commercial as politicians are asking for a vote, not a purchase.
This means they do not need to legally send an opt-out option or disclose where they get voters' phone numbers from.
The ABC has reached out to Trumpet of Patriots for comment.

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