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The Jewish Ethicist: Spam Jam

The Jewish Ethicist: Spam Jam

Can I advertise my product through mass mailing?

by

Q. My firm provides a unique product that could be of interest to many individuals. Someone has offered to make a pitch through a "spam" mailing to millions of individuals. Can we take advantage of this offer?

A. In principle, Jewish tradition does not frown on promotion. It is legitimate for a seller to try and make his product known to potential buyers, and to inform them of the benefits of his wares. For example, the Mishna states that a storeowner is allowed to give free gifts to buyers in order to induce them to come to his store. (1) And our ancient sages took special steps to encourage door-to-door salesmen who sold important products, such as cosmetics, which were not available in stores. (2)

However, we must take care that selling doesn't turn into harassment. We can learn this principle from two laws of commerce that relate to buyers, and applying them to sellers as well.

The Mishna states that a buyer shouldn't waste the time of a seller by feigning interest in a purchase. (3) This is considered a violation of the Torah prohibition of causing gratuitous torment to others. The seller devotes his energy to the customer believing he is being given a fair chance to make a sale; if in fact the "customer" has no interest then the seller is being imposed upon. The customer should take the time of the seller only if he has some minimal interest in buying.

By the same token, a seller shouldn't waste the customer's time by an offering when there is no particular basis for thinking that the customer might be interested. There should be some rational basis for assuming that the e-mail (or junk mail) recipients may have some interest in your product or service. Otherwise, you are imposing on the recipient.

There is another, complementary law which provides a complementary insight. One of the Ten Commandments is "Don't covet" what belongs to our neighbor. (Exodus 20:14.) But we must admit that giving a hard and fast definition of "coveting" is not so easy. Our tradition tells us that the red line is definitely crossed when our desire is so great that we try to convince the owner to sell us a personal possession that he really has no interest in parting with.(4) Such uninvited approaches are again really just a form of harassment.

This law too can be extrapolated from buyer to seller. Someone who tries to convince someone to buy a product that he has shown no interest in acquiring is engaging in exactly the same kind of harassment.(5) This is completely different from a salesperson trying to persuade a customer who has intentionally come into the store or who has agreed to listen to a salesperson's pitch.

It's hard to provide a clear definition of when targeted marketing turns into spam. But the two sources from Jewish law can help provide some context. In both cases, the criterion that makes the approach permissible is not a desire to make a deal per se but rather the existence of a basic interest. A customer who has some interest in making a purchase is not wasting the salesperson's time, and a person who has expressed even a possible interest in selling his property may be approached by someone with an interesting offer.

By the same token, a recipient considers an e-mail to be "spam" not because he doesn't want to buy the product but rather because he is not interested in even learning about the product. It's not only a waste of his time to read the message; it's even a waste of time to go to the trouble of deleting it.

Based on this criterion, a mass mailing would be problematic if it is for something that relatively few people are interested in learning about and no efforts are made to target specifically those individuals who would express interest.

It goes without saying that the message should not be misleading, tricking the recipient into reading the message by camouflaging it as a message which is of interest, such as a business or personal communication, winning a contest, etc. This violates the prohibition of "geneivat da'at" or misleading others.

It also goes without saying that the mailing should not violate the law. Very often middlemen of the kind you mention use illegal techniques to evade anti-spam efforts of Internet service providers. For example, they use a false return address. When you use the services of such an agent, Jewish law views you as an accomplice to the crime.

Targeted mailings are a legitimate selling technique according to the principles of Judaism. But these mailings turn into unethical harassment when no effort is made to target individuals who would be expected to have some interest in learning about your product, or if the message is misleading or sent in an illegal fashion.

SOURCES:
(1) Mishna end of fourth chapter of Bava Metzia. (2) Bava Batra 22a. (3) Mishna end of fourth chapter of Bava Metzia. (4) Mechilta on Exodus 20:14. (5) Pitchei Choshen Geneiva 30:(26)

Send your queries about ethics in the workplace to jewishethicist@aish.com

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The Jewish Ethicist presents some general principles of Jewish law. For specific questions and direct application, please consult a qualified Rabbi.

The Jewish Ethicist is a joint project of Aish.com and the Business Ethics Center of Jerusalem. To find out more about business ethics and Jewish values for the workplace, visit the JCT Center for Business Ethics website at www.besr.org.

JCT Center For Business Ethics

Copyright © JCT Center for Business Ethics.

Published: January 3, 2004


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Visitor Comments: 3

(3) Anonymous, January 10, 2004 12:00 AM

Spam is not sustainable

The Coalition Against Unsolicited Commercial E-mail has a good explanation of why spam is bad at

http://www.cauce.org/about/faq.shtml

An excerpt:

If only 1% of the 24 million small businesses in America send you only one piece of spam, you'll be hitting an average of 657 times a day. Try clicking your mouse 657 times as quickly as you can, then let us know if that time and effort is worth avoiding.

(2) J Stuler, January 9, 2004 12:00 AM

Thou shalt not steal???

Apparently the Jewish Ethicist forgot the commandment "Thou Shalt Not Steal". Or perhaps the JE doesn't understand spam. Spam is Unsolicited Bulk Email. Spam, like a postal letter that comes postage due, or a collect phone call, imposes its costs onto the recipient. Except unlike the phone call or the letter, spam forces the recipient to bear the cost by wasting his resources. Spam is theft, plain and simple. ALL spam (that is, all Unsolicited Bulk Email) is unethical for this reason alone. "Targeted" email does not make stealing ethical. If the recipients did not ask for it, it is unethical!

(1) Zachary Kessin, January 4, 2004 12:00 AM

Also remember spam costs other people

When you send spam out it costs. AOL's mail servers handle several billion emails a day, of which I belive 80% are spam. That means that 4/5ths of the costs of AOL's mail system is dealing with spam. This in true for every large ISP and user on the net. These companies have to buy more and bigger computers to handle their mail. This costs *A LOT*.

If you want to market on the net, put up a good web site and pay for your own adds in a non spam way (pop up adds etc)

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