EU cannot hope to halt spam via the statute book

European spamming legislation is doomed to failure. Not only is spam impossible to police, but a decision to opt in would hit SMEs where it hurts.

In the opt-in or opt-out debate about e-mail marketing, one point seems to have been missed: in a global environment, do we honestly believe that the introduction of European legislation will put an end to spamming?

The Data Protection Act 1998 prohibits it. But consumers are still receiving spam and the law is being flouted. So does the existing law need to be better enforced, or is more legislation needed? Enforcement is no easy task. Pursuing spammers at the other end of the earth is difficult.

Spammers have no respect for the law and, whether the European Union decides on opt-in or opt-out, they will continue to ply their illicit trade, going offshore if necessary. But an opt-in mechanism will hit legitimate marketing companies who respect consumers’ privacy.

If Europe decides to opt-in it will disadvantage UK industry. Smaller companies (SMEs), which in general do not have large promotional budgets, will be denied the opportunity to enter the market and promote their products cheaply using e-mail because they do not have the resources to manage permission-based marketing campaigns.

Such campaigns rely on the power of big brand names, and big budgets, to attract consumers to a website. The Direct Marketing Association (DMA) believes SMEs are vital to the growth of e-commerce because they will provide the entrepreneurial spirit. Simply migrating the offerings of big high-street brands onto the Web will not provide greater consumer choice, increase competition or, ultimately, reduce prices.

The only real solution to spam is to develop sophisticated blocking and filtering technology. The DMA is eager to work with the Net community to achieve this. This is the only way we can stop those who are intent on flouting the law.

Contrary to the suggestion in last week’s e-volve (“ISPs take on direct marketers”), spam is not synonymous with direct marketing (DM) and the DMA is resolutely opposed to it. Spam flies in the face of a key DM principle: accurate targeting.

Responsible DM companies use profiling techniques to assess consumer interests, match products to potential purchasers and target prospective customers.

Used in accordance with the DMA’s Code of Practice for E-mail Marketing, unsolicited commercial e-mail has the power to strengthen customer relationships, especially in the SME sector.

Robert Dirskovski is director of the DMA’s interactive media division