Canada’s new anti-spam law is horribly drafted, says MacMillan’s Murphy

“Be afraid. Be very afraid,” of Canada’s new anti-spam law, says MacMillan Chief Marketing Partner and former Chief of Staff to the Prime Minister, Tim Murphy. Canada’s new anti-spam law is “one of the most horribly named pieces of legislation” and could become a nightmare for legitimate businesses, says one expert.

MacMillan Chief Marketing Partner and former Chief of Staff to the Prime Minister, Tim Murphy, was on BNN’s “Business Day” Friday to talk about Canada’s new anti-spam legislation, which takes effect July 1st.

Murphy says the law is intended to cut down on spam, but it carves too far into legitimate businesses that use email to connect with clients. He notes that the sender of the message has to bear the proof they have consent or implied consent to send an email. That, in some cases, means setting up what could be a complicated and expensive contingency system to protect themselves.

“It gets bureaucratically ridiculous,” says Murphy. “I’m a small business, that’s a lot of bureaucracy, a lot of time and a lot of effort that I don’t have the money for.”

When asked what he is advising clients, Murphy was blunt. “Be afraid. Be very afraid, because there is up to a $10-million fine for breaching this legislation and there is, coming in a few years, civil liability. You could have a class action against a company.”

Murphy says the CRTC’s assertion that it will be measured and reasonable in its approach to the new law does not comfort him. “That and a quarter won’t get you a cup of coffee, he says.

Click here for the full interview.