WASPA South Africa Overview

WASPA South Africa Overview
Leon Perlman LLB MSc
Chairman, WASPA
• www.waspa.org.za
• [email protected]
• +27824450433
ICSTIS, Manchester
21 March 2006
WASPA
Wireless Application Service Providers Association
Represents WASPS = M-VAS
Launched on 26 August 2004
Hybrid Model
• Self Regulatory, via Enforced Code Of Conduct
• Industry Lobbying + Promotion
Membership:
• 75+ Members (out of 140)
• Made Compulsory by 2/3 networks
• Represents most of the mobile content & services industry in South Africa
• Most international (and UK) WASPs now in SA
• Now includes “Information Providers”
Funding:
• WASPA Supported & partially funded by the 3 mobile networks
• WASPA membership fees pay for day-2-day (industry promotion)
• Mobile networks pay for self-regulation enforcement
SA & African
African Mobile
Stats
South
Telecoms
Stats
Mobile Sector
• 30 million active (“capable”) mobile users in SA
• Vodacom > MTN > CellC > (Virgin)
• 84% prepaid
• 2.5G GSM+EDGE
• 3G+HSDPA
• DVB-H Trials
• More new mobile networks expected late 2006 or sooner via MVNOs
Huge M-VAS Growth:
• £100m/yr industry out of £5b total
• Export services into untapped African markets and beyond
Fixed Line
• 5.4m fixed line Telkom users (monopoly)
• Telkom & Sentech have monopoly on International calls
• SNO expected to begin operations June 2006
What Do WASPs Do?
Service Examples:
Aggregation for Information Providers
e-government
Subscription Services
Banking
Payment services etc
Music Downloads
Picture Downloads
Games
Competitions
Location Services
News alerts
Financial Info and Alerts
Content Booklets
WASPA Structure
Management Committee
• Seven, elected from WASP Community
Secretariat
• Future Foundation
• Contracted to run WASPA day-to-day
Sub-committees
• Netcom (Chair: Laurence Seberini)
• CodeCom (Chair: Mike Heinebach)
• TechCom (Chair: Dr Piet Streicher)
WASPA Adjudicator
• Mike Silber BA LLB
WASPA Appeals Panel
• Prof Tana Pistorius (ICT Law UNISA)
• Prince Mafonjane (Administrative Lawyer)
• Arthur Goldstruck (Mobile Industry Expert)
WASPA’s Operational Model
Hybrid Model
(A) Self Regulatory
• Formed under framework of Chapter XI of the SA ECT Act 2002 (“EC/2000/31”)
• Service Provider Liability Exemption
• Requires Code Of Conduct + Industry Representative Body
• Protect against bad practices
• Promote best practice
(B) Industry Promotion
• Lobbying
• Interaction with State, Parliament, Regulator
• Promotion`
• Trade Shows
Governance of WASPs
Until recently, each of the three GSM networks had their
own sets of rules
Rules part of WASP contract
Rules related to:
•
Advertising
•
Pricing
•
Ethics etc
Similar, but rules not identical
Created loopholes
Was difficult to enforce as there are MANY ‘sub-WASPs’
who rent short-codes from aggregator WASPs
Similar Consumer Issues in SA as Globally
Global Mobile Consumer Issues
SMS Spam
•
Worldwide problem
•
OptIn/Opt Out
Adult Content
•
Access By Minors
•
By far the single biggest reason that state takes eagle-eye watch over mobile content
services
Competitions
•
Incorrect or unclear pricing on ads
•
Consumers want to know how they can check if prize has been paid out
Affects Prepaid users mostly as cannot readily check charges
Subscription Services
•
Ringtone/week - £5/weekly etc
Consumer Issues
Vast majority of WASPs Act Ethically
Complaints about a specific few
Rules Tightened
Code Of Conduct
Code Of Conduct
Passed on 30 June 2005 at WASPA general meeting
Made compulsory by all GSM networks
Input from
•
•
•
•
•
WASPs
Networks
Lawyers
State
Consumers
Holds SPs liable for Information Provider Actions
Integrates Many National Laws
Code Of Conduct Scope
Spam
Adult Services
Access by Minors to adult content
Subscription Services (no auto-subscription)
Display of Pricing
Display of Terms & Conditions
Competitions
Dating Services
Charity Services
Enforcement of Code Of Conduct
CoC Mandatory By All Networks
• 2/3 networks made membership compulsory
• WASPA powers enforced by contract between WASP & Network
• Over 180 complaints since 1 Sep 2005
Adjudicator who has powers of:
• Suspension
• Fine
• Expulsion from WASPA
• All of the above
Three-person Appeals Panel
Mandatory
Implementation
1 Sept 2005
WASPA’s Advertising Rules
1
n
a
J
06
TV:
TV
Show price in top corner of screen
Minimum Display times for cost and T&C
Minimum font sizes & type
Radio:
Voice-over must state price
Indicate T&C
Minimum size for price
Minimum size/position of T&C
Print:
Billboards
Minimum % size for price
Minimum size/position of T&C
Now 11 Media
Specific
Categories
R3/SMS
R3/SMS
R3/SMS
R3/SMS
Title Safe Border
Vodacom Only. Helpline 0xx-xxx-xxx.
Adults only. Java/WAP/GPRS required
Screen 1
R3/week
Price and subs text placed in
box, in contrasting colour to box
Subscription
Price must be on screen 100%
of ad time in top right hand corner
Price text at 20 points
Use Zurich font
‘Subscription’ text at 12 points
s
Use Zurich font
‘Subscription’ text all at 15 points
Use Zurich font
This is a subscription service. You will be
charged Rx per week until you unsubscribe
plus R4 per content download.
Show ‘subscription’
100% of ad time in price block
Title Safe Border
Subscription service T&C must be
on screen alone for at least 5 sec
Screen 2
Price text at 20 points
R3/week
Subscription
Use Zurich font
‘Subscription’ text at 12 points
Use Zurich font
Price and “Subscription” text
must REMAIN on screen while the
T&C’s below change to include
the remaining T&Cs
T&C text all at 15 points
Use Zurich font
Vodacom Only. Helpline 0xx-xxx-xxx.
Adults only. Java/WAP/GPRS required.
After Subscription info shown,
remaining T&C must be on
screen for at least 5 more seconds
Enforcement Results
180+ Complaints
•
•
•
•
•
•
45% from competitors
Subscription Services
Pricing
Spam
Competitions
Adult
5 Appeals
Number of fines & shortcode suspensions
Rouge IPs from abroad moving across SA WASPs
Broad Industry Acceptance
Even Playing Field
Welcomed by Regulators, State
Positive Media Profile
CoC to be tightened in v2
WASPA CoC: Competitions
Section 9.1.6
Competition services and promotional material
must not:
(a) use words such as ‘win’ or ‘prize’ to describe items intended to
be offered to all or a substantial majority of the participants;
(b) exaggerate the chance of winning a prize;
(c) suggest that winning a prize is a certainty;
(d) suggest that the party has already won a prize and that by
contacting the promoter of the competition, that the entrant will
have definitely secured that prize.
‘Competition’ Example
From: 3xxx5
You have won a £500 prize.
SMS yr number to 12345!
Guaranteed! £5/SMS
1. Consumer Receives (Spam) SMS
“Wow!” ☺
2. Consumer Sends PSMS Reply SMS
PSMS Cost: £5
‘Competition’ Example
From: 3xxx5
Great! You have won either
a holiday or free SMSs
Please choose! £5/SMS
3. Consumer Receives Reply SMS
Requires further action to get prize
“hmmm” 4. Consumer Sends ANOTHER PSMS Reply
PSMS Cost: £5 + £5 = £10
‘Competition’ Example
From: 3xxx5
OK!!! Now please enter your
first name. $5/SMS
5. Consumer Receives Yet Another SMS In Response
Further action still required
Ohhhh 6. Consumer Starts To Give Up
No more airtime etc
PSMS Cost: £5 + £5 + £5 = £15
Code Of Conduct
From: 3xxx5
You have won a $500 prize.
SMS yr number to 12345!
Guaranteed! £5/SMS
Banned
Thanks!
Leon Perlman LLB MSc
Chairman, WASPA
• www.waspa.org.za
• [email protected]
• 0824450433
Questions?