108AElectronic messaging service provider

#### 108A Electronic messaging service provider (1) For the purposes of this Part, if a person supplies, or proposes to supply, an electronic messaging service to the public, the person is an electronic messaging service provider. (2) For the purposes of subsection (1), a service is supplied to the public if, and only if, at least one end‑user of the service is outside the immediate circle of the supplier of the service. (3) In this section: > electronic message has the same meaning as in the Spam Act 2003. > electronic messaging service means a service that enables any or all of the following electronic messages to be sent or received: (a) web‑based email; (b) instant messages; (c) text messages; (d) messages of a kind specified in the regulations. > message has the same meaning as in the Spam Act 2003.