If your phone has pinged with a surprise text message from a political party this federal election campaign, don’t fret.
Your personal phone number hasn’t been sold on the black market to Clive Palmer’s Trumpet of Patriots party and he’s not pitching to you directly.
There’s actually a legal loophole which allows Palmer and other political groups to send mass, unsolicited text messages during an election in Australia.
In fact, political parties can spam you without any consequence – and you can’t opt out the normal way either.
Research fellow at ANU’s School of Politics and International Relations Dr Pandanus Petter told 9news.com.au that political communication is exempt from Australia’s Spam and Privacy Act.
“In a democracy, you need to have freedom of information and freedom of political communication in our constitution as well,” Petter explained.
“So you’re not allowed to have legislation [in Australia] which would stop people from spreading a political message.”
Under the Spam Act 2003, it is noted that “a phone call, email or text message from a registered political party is also exempt from most spam and telemarketing rules”.
How to stop getting election texts
Voters have noticed Palmer’s messages don’t include an “opt out” or “unsubscribe” link like commercial marketing texts either.
“They’re not legally required to include that,” Petter said.
”Blocking their number may work for a while, but they always have more numbers.”
It’s not clear exactly how political parties collect mobile numbers.
They aren’t taken from the electoral roll and it’s likely the numbers are bought from data harvesters, Petter said.
“The AEC has no insight into how political parties obtain mobile phone numbers, except to confirm that this data is not provided by the AEC,” a spokesperson for the AEC told 9news.com.au.
“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.
“Any changes to these laws would be a matter for the parliament to consider.”
Should it be illegal for political parties to send spam texts?
If voters find these texts annoying, why do political parties still do it?
And while we’re at it, is a text campaign even effective?
Petter said groups like Trumpet of Patriots are attempting blanket voter canvassing, which is similar to advertisements on social media.
“In general, political parties try whatever they can to get their message out. I’ve seen them on podcasts, I’ve seen them TikToks or by sending things in the mailbox,” he said.
“They try anything and everything, but it’s sometimes hard for them to measure what actually works, to try to get the feel of what [is] essentially persuasive but not too annoying.
“Someone like Palmer, I guess, has a different perspective on what that balance is.”
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Petter said these texts can be “poorly targeted” and rely on a blanket voter pitch, which could deter voters.
“Only the Trumpet of Patriots has the money for an untargeted scattershot thing where they’re promising someone who lives eight minutes from town a 20-minute train right into town,” Dr Petter added.
“Or a migrant being told you’re going to cut migration by 80 per cent.”
Some Trumpet of Patriots mass texts include “solve housing fast trains 20 min CBD cheaper land. Super for deposit 3%, cut immigration by 80%” and “double fees for foreign students. Free education for Australians. Forgive loans”.
What is Trumpet of Patriots?
Mining magnate and businessman Palmer, who once ran the United Australia Party, now runs the Trumpet of Patriots party.
Palmer announced his new Trump-inspired party in February and said that the party will run candidates in the House of Representatives, the Senate and all Liberal and Teal seats.
He was forced to create a new party before the federal election after losing his bid to re-register his United Australia Party in the High Court.
