Rewritten WASPA Code better regulates mobile services in SA

The new WASPA Code of Conduct is a complete rewrite of the Wireless Applications Service Providers’ Association’s rules which regulate the mobile content and services industry in South Africa. One of the biggest changes to the Code is a consolidation of the old Advertising Rules and the Code of Conduct itself along with a dramatically scaled down body of rules governing advertising copy. The changes go further than restructuring the old framework. As WASPA’s advisory note presenting an overview of the new version of the Code points out –

The revised Code of Conduct incorporates the most important portions of the Advertising Rules, but without many of the unnecessarily restrictive details in those Rules. The new Code is organized more clearly and logically than previous versions, aims to be less open to interpretation, and intends to function as an effective set of principles for the WASP industry, as it exists a decade after WASPA’s formation.

Of course this version of the Code doesn’t exist in a vacuum. WASPA’s adjudicators and appeals panelists (which includes me) have documented their interpretations of various provisions of older versions of the Code in a substantial library of rulings over the years and one of the challenges in the near term will be harmonising those rulings with the new Code and preserving guidance on a range of topics including subscription service marketing, service “bundling” and spam and applying that guidance to the new Code’s clauses.

The WASPA Code has been better aligned with legislation such as the Consumer Protection Act, the Protection of Personal Information Act and the Electronic Communications and Transactions Act which should translate into improved consistency between the law and the Code, as a self-regulatory framework. The new Code also reinforces WASPA’s importance as a regulatory body in the South African mobile content and services industry. This comes at a good time as the trend towards mobile services is only going to strengthen going forward.