Australians Question Privacy As A Political Party Uses Legal Loophole To Send Mass SMS Campaigns

Australians have been receiving unexpected text messages from Clive Palmer's Trumpet of Patriots party as part of the federal election campaign, making people wonder if their private phone numbers have been leaked or sold to political groups.

Loophole allows political parties to send unsolicited texts

There is no need to be alarmed, as these messages are the result of a legal loophole. Under current Australian law, political parties are permitted to send mass, unsolicited SMS messages during election periods, bypassing the usual privacy protections, 9News reported.

Political parties in Australia are legally allowed to send unsolicited messages without facing any consequences, and recipients don't have the usual option to opt out.

ANU's School of Politics and International Relations, Dr Pandanus Petter, explained that this was because political communication was specifically exempt from both the Spam Act and the Privacy Act. These exemptions exist to protect the principles of free political communication, which are considered essential in a democratic system.

As outlined in the Spam Act 2003, communications such as phone calls, emails, or text messages from registered political parties do not fall under the usual rules that restrict spam and telemarketing activities.

Voters have pointed out that text messages from Palmer's party often lack an "unsubscribe" or "opt out" option, unlike standard commercial marketing messages. This is because political parties are not legally obligated to include such features in their communications, Petter noted.

Businessman and mining magnate Palmer, formerly the leader of the United Australia Party, now heads the Trumpet of Patriots party.

While blocking the sender's number might temporarily stop the messages, parties typically rotate through multiple numbers, making it difficult to avoid them entirely.

How were the mobile numbers collected for the text campaigns?

The exact method political parties used to obtain mobile numbers remained unclear, a spokesperson for the Australian Electoral Commission (AEC) said. These numbers were not sourced from the electoral roll, and it was believed that parties may purchase them through third-party data harvesting services.

"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," the spokesperson said. "Any changes to these laws would be a matter for the parliament to consider."

Groups like the Trumpet of Patriots are using mass text messaging as part of a broad voter outreach strategy, similar to advertising on social media. Political parties often experiment with various channels, such as podcasts, TikTok videos, and direct mail, to spread their message.

While it's challenging to gauge which methods are most effective without being intrusive, some, like Palmer's party, appear to take a more aggressive approach to that balance.

Petter explained how the Trumpet of Patriots has been sending out broad, untargeted text messages that often fail to match the recipients' circumstances, potentially turning voters away.

These mass messages include sweeping promises such as cheaper land, 20-minute train rides to city centers, reduced immigration by 80%, and policies like doubling fees for foreign students while offering free education and loan forgiveness for Australians. Their approach, driven by substantial funding, prioritizes wide reach over precision targeting.