Myth # 5 – CASL does not apply to Social Media.
Yes, it does – to some extent. Section 6 of CASL (Bill C-28) applies to a commercial electronic message (CEM) that is sent to an ‘electronic address’. An electronic address is defined in CASL as being: an email account, a telephone account, an instant messaging account, and any other similar account. Some social media accounts may constitute a ‘similar account’.
Whether a similar account is an electronic address depends on the specific circumstances of the account in question. For example, posting on a website, blog post, or Facebook wall is NOT a commercial electronic message.
However, messages sent to other users using a social media messaging system (e.g. Facebook Messaging and LinkedIn Private Messages), would qualify as sending messages to ‘electronic addresses’.
CASL also applies to text messages (SMS) as they are sent to a ‘telephone account’.
Bill C-28: Canada’s Anti-Spam Legislation does not apply to voice messages, faxes, or phone calls themselves.
So what does this mean? Social media, the phone, and mail are a great way to provide content that will get people interested in your products and services.
Sources: http://laws-lois.
https://www.ic.gc.ca/eic/site/
http://laws-lois.justice.gc.
http://fightspam.gc.ca/eic/
https://www.ic.gc.ca/eic/site/
To learn more about CASL and how it affects your business development efforts, watch the replay of our webinar from June 19th.
