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Professor Sieg Eiselen appointed as WASPA adjudicator

Released: 10 May 2010

The Wireless Application Service Providers' Association (WASPA) of South Africa has appointed Professor Sieg Eiselen - a leading expert on e-commerce law - as its newest independent adjudicator. Professor Eiselen is a lecturer in Unjustified Enrichment and Estoppel, Contracts Law, and Electronic Commerce Law at Unisa. He is the author and co-author of a number of legal publications and has lectured in law since 1982.

WASPA adjudicators are independent lawyers that make findings about disputes between WASPs and consumers around the WASPA Code of Conduct when these cannot be resolved amicably between the parties concerned. If the service provider is found in breach of the code, the Adjudicator can issue a reprimand, fine or suspension and can order compensation to be paid.

The Code of Conduct encourages and enforces ethical behaviour by the country's WASPs. These service providers provide mobile applications and content to corporate customers - such bulk SMS messaging - and directly to consumers.

The WASPA Code of Conduct, which most of South Africa's major WASPs subscribe to, covers issues such as spam (unsolicited communications), subscription services, advertising and pricing, competition, complaint resolution and adult services.



WASPA represents the mobile development; value added services and content services community in South Africa. After lobbying the mobile operators and WASPs in late 2003 for an industry body, WASPA's formative meeting was held in August 2004. Membership of WASPA was made mandatory by the mobile operators and TV stations for any company doing value added services in South Africa.

WASPA's remit is to promote and self-regulate the WASP industry. As part of the self-regulatory component of WASPA, there is the now internationally recognized and emulated self-regulatory regime for mobile value added services that includes the WASPA Code of Conduct & Advertising Rules. WASPA's Code of Conduct regulates inter alia, competitions, chat, adult services, spam, CRM, advertising of services,subscription services and pricing. The first version of the Code was passed in June 2004 and implemented on 1 September 2005. It has been updated numerous times as the need has arisen.

Enforcement of the Code & Advertising Rules is achieved by a novel quasi-judicial system that consists of a procedure for lodging and responding to complaints where it is thought the Code is being contravened. Adherence to the Code and the Advertising rules is mandatory for all providers operating in South Africa.

ICT lawyers acting as WASPA adjudicators will find on the merits and have the power to suspend, fine, expel any WASP or Information Provider found to contravene the Code rules. Adjudications are enforced through contractual provisions in all WASP agreements. There is also a 3-person appeals panel as well as an emergency panel.

Issued by:

Ivan Booth
Reliable Sources PR
082 851 7419
ivan (at) reliablesources.co.za