I was horrified to read advice given in your 'Question of Ethics' column that discusses the use of unsolicited e-mail for marketing purposes (see [2005] Gazette, 9 June, 32). It says: 'The Law Society does not regard unsolicited e-mails as a breach of the publicity code.'

Well, that is great, but it is a breach of the law. Unsolicited e-mail is not allowed under the Privacy And Electronic Communications (EC Directive) Regulations 2003, except under some specific circumstances, which do not include general purpose advertising as discussed in the column.


Other EC countries are not so relaxed as the UK when it comes to this directive - prison sentences have been given for offences under these rules in Spain and Germany. The article continues: 'They are not of the same intrusive nature as a telephone call.' That may be, but they are regarded as much the same under the regulations. No mention was made of the Direct Marketing Association's preference services.


The column also says that unsolicited e-mail messages are referred to as 'pop-ups', which is a simple factual error; they are referred to as spam.


This kind of lax attitude is what has allowed spam to become such a problem - I am responsible for writing an on-line mailing-list management system, and we have been careful to stick to the letter of the law. It is frustrating when our efforts are undermined by poor advice from the people who are meant to be helping others stick to it.



Marcus Bointon, Synchromedia Limited, London




Law Society response: The guidance that we contribute in the Gazette column is primarily to advise solicitors as to their professional obligations. We expect solicitors as a matter of course to adhere to the general law. I am grateful to Mr Bointon for drawing these regulations to the attention of both ourselves and the profession.


Austin O'Malley, Law Society head of guidance, Redditch