Is a Medical Service Awareness Newsletter Legal?

Purepwnage2 on 20/05/2023 - 09:57
Last edited 20/05/2023 - 10:31 by 1 other user

Hi all,

I was thinking of creating a free newsletter which is distributed once a month to a mailing list (mailing list already somewhat compiled from a survey)

The newsletter will raise awareness of services and items for those in the medical sector (staff and recipients)

This will entail photos and links of where to buy the items or access services. (which in some instances will be retail companies)

Would there be any legal ramifications of having other websites, photos and links on a 1 page newsletter which i develop and distribute?

Apologies if this sounds like a silly question, i could be overthinking it.

cheers,

• 

  dapt on 20/05/2023 - 10:18

  +2

  Sounds like ham, but in a can.

  • 

    AndyC1 on 20/05/2023 - 10:30

    Buy the 700g tin from the harvested survey data you gave out a while ago for something else.

• 

  thatonethere on 20/05/2023 - 10:19

  +5

  One thing to consider would be if those email address owners consented to having their email address used for other purposes? https://www.acma.gov.au/avoid-sending-spam

  • 

    Morien on 20/05/2023 - 10:31

    +1

    Exactly this.

    Unless the survey question was specifically "would you like to be added to this mailing list?" then I think it's a no no.

  • 

    AustriaBargain on 20/05/2023 - 12:03

    But if OP never collected those email addresses directly from those people in the first place, then OP never consented to not send them his spam.

• 

  holdenmg on 20/05/2023 - 11:29

  +2

  So, is this a Business where you will receive commission for clickthrough or purchase of product or service?
  https://business.gov.au/guide/starting

  Are you just offering advice or might people rely on what you put in your newsletter?

  Are you insured or do you have a Disclaimer?

  What privacy regulations apply?

  Are you subject to:
  https://www.tga.gov.au/how-we-regulate/advertising
  https://www.ahpra.gov.au/Resources/Advertising-hub/Advertisi…
  Who do the advertising requirements apply to?
  The requirements apply to any person or business that advertises a regulated health.
  This includes:
  registered health practitioners
  individuals who are not registered health practitioners
  businesses, partnerships and corporate entities.

  See a Solicitor.

  • 

    CheapCoffee on 20/05/2023 - 17:01

    +1

    This - You need to seek legal advice from a legal expert who are familiar TGA and nature of 'medical advice' before you do any of this.

    Then again, you are probably already in illegal territory unless your survey explicitly included something about the mailing list.

• 

  DashCam AKA Rolts on 20/05/2023 - 15:03

  Might do well in South Korea.

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  freefall101 on 20/05/2023 - 16:31

  +1

  Spamming people medical advice seems fraught with issues for very little benefit, why on earth would you want to do this?

  • 

    blitz on 22/05/2023 - 09:27

    why on earth would you want to do this?

    Like all spam, $$$$$.

    • 

      freefall101 on 22/05/2023 - 10:50

      Unfortunately for OP, spam emails to a small audience relying on affiliated links are more likely to generate $ rather than $$$$$.

      The return on investment is going to be poor. It'll be negative if it turns out this is illegal somehow.