Over the past few years, we have witnessed an enormous growth in the use of electronic mail between government agencies and the public. Much of this traffic has been generated by officers without direct approval by supervising officers.

Electronic mail in particular is often used as a quick and efficient means of communicating with others on an informal basis. As such, supervising officers are not in a position to view all outgoing emails. We have to accept that this is a normal and acceptable means of communicating which transacts all spheres of government.

However, to ensure that government agencies provide a level of protection in cases where litigation may occur due to such electronic messages, appropriate disclaimers must be inserted into all outgoing emails. In addition, disclaimers should appear on all facsimiles and web sites.

Below is a suggested disclaimer for electronic mail which you may adapt for your needs or which could be re-worded for facsimiles:

This message is intended for the addressee named and may contain confidential information. If you are not the intended recipient, please delete it and notify the sender. Views expressed in this message are those of the individual sender, and are not necessarily the views of the (agency name).

Disclaimers would not necessarily be a defence against legal action for defamation or other reasons, nevertheless, it may go some way to demonstrating that an agency has taken steps to prevent the unauthorised dissemination of information or statements made that are not supported by the agency.

Robyn Kruk
A/Director-General

Superseded by C2001-29