How Canada’s Anti-Spam Law Impacts Your Social Media

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Canada’s Anti-Spam Law (CASL) will come into effect on July 1st. It prohibits sending Commercial Electronic Messages (CEM) to electronic addresses unless those message follow three simple rules:

  1. Identify the sender
  2. Obtain consent
  3. Provide an unsubscribe mechanism.

If you are doing business in Canada or if your customers are accessing their emails in Canada, CASL applies to you. But it applies not just to email but to social media as well!

In other words, CASL’s effect on your communications is likely broader than you may think. The Government of Canada’s website for CASL states that “Canada’s anti-spam law takes a technology-neutral approach, so that all forms of CEM sent by any means of telecommunications are captured under the new law.” Furthermore when listing the list of potential violations, “social networking” is mentioned.

To add to the confusion, the CRTC previously stated that, “Whether communication using social media fits the definition of ‘electronic address’ must be determined on a case-by-case basis, depending upon, for example, how the specific social media platform in question functions and is used. For example, a Facebook wall post would not be captured. However, messages sent to other users using a social media messaging system (e.g., Facebook messaging and LinkedIn messaging), would qualify as sending messages to “electronic addresses.” Of course, you didn’t expect the government to make anything easy did you?

To make sure your interactions with potential customers on social networks comply with CASL, one solution would be to include the following in the communication: “Could we send you a DM so we can discuss this with you in more detail,” as it is asking for consumer’s consent prior to encouraging them to engage or participate in a commercial activity.

If in doubt, and to make sure you don’t run afoul of the regulations, reach out to the marketing and media pros at Momentum Marketing for advice on your campaigns.

Happy CASL-Compliant Messaging to You!

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