If you’re collecting leads online, whether it’s through a competition, a landing page or a simple enquiry form, there’s one small detail that can create a big problem: pre-ticked marketing boxes. It might feel like a quick way to grow your database, but in Australia, it doesn’t meet the standard for proper consent. More importantly, it can damage trust with your audience before you’ve even started the relationship.
Why pre-ticked boxes are a problem
Under Australian regulations, consent must be clear, informed and voluntary.
That means:
- People must actively choose to hear from you
- Silence or inaction doesn’t count
- And pre-selecting “yes” on their behalf isn’t valid
So why is it a problem? It’s because pre-ticked boxes assume consent. The law requires someone to give it.
Let’s look at the laws in Australia that apply and we’ll do it in plain English. Two key frameworks apply:
- Spam Act 2003
Covers email, SMS and electronic marketing. You must have consent before sending messages. - Privacy Act 1988 (including APP 7 direct marketing)
Requires transparency about how personal information is used and gives people control over marketing contact.
Put simply, if someone didn’t clearly opt in, you shouldn’t be marketing to them. Nor can you assume that just because your audience wants a discount code for your product or service that they want to hear from you again, and again.
Compliance is simple and can build trust with your customers
Here’s some good news and how your business can build more trust with your online audience and customers.
- Use an unticked checkbox
- Make it optional (don’t force it to enter a competition or submit a form)
- Be clear about what they’re signing up for
Example:
☐ Yes, I’d like to receive updates, offers and promotions from [Your Business]
This isn’t just about avoiding fines. When people choose to hear from you:
- Your database is higher quality
- Your engagement rates improve
- Your brand builds trust, not frustration
And in a world where inboxes are crowded, permission-based marketing wins every time.
Choose the smarter (and legal) way to grow your audience
If you want more leads and better results, focus on giving people a reason to say yes rather than trying to capture consent by default. Strong offers, clear value and honest communication will always outperform shortcuts. The businesses that win long-term are the ones that respect their audience from the very first interaction and that starts with how you ask for permission.
Cheryl Lee is the co-founder of Rebel Connect Pty Ltd, an Australian marketing business focused on helping brands grow. With a strong belief that when you work one-on-one with a team you know and trust, marketing stops feeling risky and starts delivering results,
Rebel Connect combines the power of radio and digital through Rebel FM, The Breeze, and Rebel Agency’s expertise in website design & development, brand overhauls, Google & Meta ads and logo design.
