Stop Pre Ticking Boxes

by | Marketing

How to Do Marketing Consent the Right Way in Australia

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.

 

Frequently Asked Questions

What are pre-ticked boxes?
It is a checkbox on an online form like a competition entry or an enquiry page that is automatically selected to sign the user up for marketing emails or texts. While it might seem like an easy way to grow your email database, it assumes consent rather than letting the customer choose.
Are pre-ticked marketing boxes legal in Australia?
No, they do not meet the standard for valid consent under Australian regulations. Under the Spam Act 2003 and the Privacy Act 1988, marketing consent must be clear, informed, and completely voluntary. Silence or inaction (like forgetting to untick a box) does not legally count as an opt-in.
What is the correct way to ask for marketing permission?
Keep it transparent and leave the checkbox blank. Your form should feature an unticked box with a clear description, such as: “☐ Yes, I’d like to receive updates, offers, and promotions from [Your Business].” Let the customer actively click the box to show they genuinely want to hear from you.
Can you force people to subscribe to enter a contest?
No. Legally, signing up for updates should be optional. You cannot force someone to accept ongoing marketing messages just because they want to enter a competition, claim a discount, or fill out a simple contact form.

 

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.