Is my Facebook ad spam?
Well, interesting question, Now, clearly I have a bias in providing this answer, but I will do the best I can and give you the truth. As I see it, not Lance Armstrong’s version of the truth, but the real truth.
Anyway, Simon here from The Contract Company. Contracts, that’s what we do all day, every day.
So I posted my first ad on Facebook and had it called spam. Fair enough. So everyone’s entitled to an opinion and that’s all good, no issue with that. The question is, is it technically spam?
So is my Facebook Ad spam?
Well, in Australia, there is the Spam Act. Under Section 16 of the Spam Act, there is the general prohibition on sending out electronic messages for commercial gain without consent.
Now, crucially for my Facebook ad, I’m not sending out a commercial electronic message as defined. So my Facebook ad is not covered under the Spam Act, but what it is covered under or what does apply are the Facebook terms and conditions.
And there’s a whole lot of policies that sit under those terms and conditions. And I know cause I’ve waded through them.
So, in the community standards, there’s Section 18, I believe it is. It’s the spam area.
I managed to print out a section here cause I can’t remember it all, but it does specify what is spam and what you should or should not do.
It says things like do not post or share or create accounts pages at a very high frequency. Well, given this my the first ad, I don’t think I’ll qualify there.
Don’t attempt to buy, sell, or exchange site privileges, blah, blah, blah. Not doing that either.
Don’t encourage likes, shares follows, clicks, or the use of apps or websites under false pretenses, such as offering a false or nonexistent service or functionality. Well, this service does actually exist. It’s called askacontractlawyer.com.au
If you’ve got any questions about a contract, a business, Australian business contract, you can go there, fill in the form, send us your information.
If we have an answer that we deem it’s worthy because it’s relevant, we will answer it. So it’s a fair income service. So that one doesn’t apply.
Failing to direct to promised content. I click here for a discount at Nordstrom. Well, if you click on the learn more, you do go to the relevant website. That’s not that one.
Is a cloaking presenting different content to Facebook users and Facebook crawls or tools? Don’t think so.
Is it misleading? No
Is it or does it lead to a deceptive popup website? I don’t think it’s that one neither.
Is it like or share gating? No. Didn’t know what that was actually.
Is there any deceptive landing page functionality? No.
And am I impersonating someone? No, it’s me, unfortunately.
So look, I get you might not like my ad, fine. Everyone’s entitled to their own opinion and that’s all good.
I mean, I’ve got to tell you there are some mornings I’ve woken up after a late night and it’s like, Ooh, is that what I look like? Yeah. I wouldn’t want to be looking at me either.
That’s not an issue, but is it spam as defined under the Facebook community standards? Nope.
There’s also their terms of service, which I thought I might leave you with, which is it clause two. It says, instead of paying to use Facebook and the other products and services we offer, by using the Facebook products covered by these terms, you agree that we can show you ads that businesses and organizations pay us to promote on and off the Facebook company products.
Now Facebook company products is defined as Facebook, WhatsApp, Oculus, and a couple of other entities.
We use your personal data, such as information about your activities and interests to show your ads that are more relevant to you.
And that’s why you were seeing my ad because I think I selected something like small business interest or something like that.
But anyway, that is the gospel according to Saint Zuckerberg, in terms of, if you want to use his platform, they are the rules.
So, is my Facebook ad spam? Unfortunately or fortunately, depending on which way you look at it. It’s not, but I get that you may not want to look at me. I mean, my mother wouldn’t think that, but everyone’s entitled to their opinion.
Any questions, Simon@contract company.com.au, or if you do have any questions that you want answered in there, in a video, send it to us through us, askacontractlawyer.com.au, and we’ll do our best to answer it. I hope that helps.
