- (xi) to assist or enable a person, by deception, to dishonestly obtain a financial advantage from another person; or
- (xii) to assist or enable a person to dishonestly obtain a gain from another person.
(2) For the purposes of paragraphs (i) to (ix) of subsection (1), it is immaterial—
- (a) whether the goods, services, land, interest or opportunity exists; or
- (b) whether it is lawful to acquire the goods, services, land or interest, or take up the opportunity.
(3) Any of the following persons may be the individual who, or entity which, is the sender of the message:
- (a) the supplier or prospective supplier referred to in paragraph (iii) or (vi) of subsection (1);
- (b) the provider or prospective provider referred to in paragraph (ix) of subsection (1);
- (c) the first-mentioned person referred to in paragraph (x), (xi) or (xii) of subsection (1).
(4) Subject to subsection (5), a person who knowingly allows his product or service to be advertised or promoted by a sender shall be deemed to have authorised the sending by the sender of any electronic message that advertises or promotes that person’s product or service.
(5) For the purposes of subsection (4), a person who takes reasonable steps to stop the sending of any electronic message that advertises or promotes that person’s product or service shall be deemed not to have authorised the sending of the message.
Meaning of “electronic message”
4.—(1) In this Act, subject to subsection (3), an electronic message is a message sent to an electronic address.
(2) For the purposes of subsection (1), it is immaterial—
- (a) whether the electronic address exists; or
- (b) whether the message reaches its intended destination.
