Federal election 2025: Why Clive Palmer’s Trumpet of Patriots spam text messages are perfectly legal

Australians are voicing their outrage as Clive Palmer’s Trumpet of Patriots candidates use an Australian Electoral Commission loophole to hammer voters with spam text messages trying to garner support ahead of Saturday’s Federal election.

Social media is awash with complaints about the influx of messages being sent to people’s phones, with questions being raised as to how the candidates are able to access potential voters’ personal information.

Trumpet of Patriots Senate candidate in Queensland, Harry Fong, has become the face of the social media rants after his campaign team managed to send multiple text messages to millions of Australians encouraging them to show their support ahead of the Federal election this weekend.

But according to the Australian Communications and Media Authority, sending political text messages during local, state and territory or federal election campaigns is exempt from most spam and telemarketing rules.

Mr Fong’s text messaging includes policy statements on solving housing, fast trains, cheaper land, immigration cuts and links to the Trumpet of Patriots’ website.

It is unclear how Mr Fong obtained people’s contact information and the invasion of privacy issues are the main concern for people commenting on social media.

The texts do not contain an “opt out” option, which has frustrated some people who have reported receiving up to three texts authorised by Mr Fong since last Thursday.

An AEC spokesperson confirmed the information used by the Trumpet of Patriots to send the messages had not been supplied by them.

“Political parties are exempt from the Spam Act and the Privacy Act and are able to send unsolicited text messages without an opt out option. Any changes to these laws would be a matter for the Parliament to consider.”

“Getting bulls... text messages from these clowns is legal. Responding to Harry Fong, who authorises this spam, on 0419 *** *** or (07) 2113 **** could be illegal,” one person said on X.

“Dear H Fong.....#### off. I am offended getting political material via sms,” another exclaimed.

One Reddit user shared Mr Fong’s email address, and the complaint they sent in response to the text messages: “Dear Mr. Fong, Thank you for reaching out via your unsolicited and cowardly text message — a fitting introduction to the kind of ethically vacant and intellectually bankrupt party you represent.” the user wrote.

“Lots of 17 year olds getting them too! Can’t even vote,” Radio and TV presenter Jacqui Felgate said on Instagram.

Mr Fong is a criminal defence lawyer who has said he is standing with the Trumpet of Patriots to “fight against the entrenched political establishment that has put its own interests above those of everyday Australians”.

He is described as a “highly respected barrister with extensive experience in criminal law, civil litigation, dispute resolution, and commercial negotiations” on the party’s website.

Clive Palmer launched the Trumpet of Patriots in February this year, promising to adopt many of the policies of US President Donald Trump.

— with NCA.