Introducing WASPA
The Wireless Application Service Providers’ Association (WASPA) was launched on 26 August 2004 in Sandown, Gauteng with the full support of the three network operators: Cell C, MTN and Vodacom.
The mobile service industry is in a key stage of development, with growing public demand for services, and an increasing number of organisations providing mobile services.
In order to uphold public perception of these services and to protect against bad practices, it was decided that a strong industry body was needed, with an appropriate Code of Conduct, representing the interests of its members and consumers, by enforcing the good practices established by this Code.
Wireless application service providers are in terms of Chapter 11 of the Electronic Communications and Transactions Act 25 of 2002 (the “ECT Act”) considered to be providing an information system service and may therefore incur liability for their own and third party content they provide.
WASPs cannot escape liability for their own original content, but where they act as a content aggregator or a communications gateway provider they can avoid liability if they act in accordance with Chapter 11 of the ECT Act. The Minister’s recognition of the WASPA as an industry body as described in Section 71 will allow WASPA members to enjoy the benefits afforded by the Act.
The WASPA recently made a submission to the Department of Communications on the proposed guidelines for recognition of industry representatives’ bodies requesting that the mobile services industry be considered as distinct from the Internet Services industry with its own representative organisation.
The association intends to provide the following additional benefits as it grows and matures:
- A public complaints mechanism managed by persons trusted by both WASPs and the public;
- The option to nominate the industry association as the designated agent upon receipt of a take-down notification as referred to in Section 77 of the Act;
- Industry self-regulation/governance – a WASP sector with strong self-regulation is less likely to be subject to external regulation (from government, networks etc);
- Establishment of public trust, for example, by the development of advertising guidelines for paid-for content services, or greater publicity of the SMS marketing code of conduct
- The potential to lobby and represent the WASP industry on matters of mutual interest, in particular legal and regulatory issues that affect WASPs. Lobbying as an industry group is usually more effective than individual representations. Areas where such activity may take place include:
- Proposed convergence legislation;
- The provision of adult content and appropriate protection measures for minors;
- Advertising and marketing codes of conduct;
- Proposed privacy legislation;
- Interaction with the Film and Publication Board on the questions of adult content and child pornography legislation;
- Interaction with the sector regulator, ICASA;
- Interaction with government; and
- Interaction with the existing and future networks on matters of mutual interest.
- The opportunity to network with members and foster support structures as well as special interest groups.