South Africa

South Africa mobile industry guidelines - for setting up and running services compliantly

Operating Messaging and Billing in South Africa you need to check the following:

1. Familiarise yourself with the WASPA Code of Conduct the Advertising Guidelines and the Consumer Protection Act
2. Register with WASPA – complete a WASPA Affiliate Agreement provided by Dialogue
3. Complete a Vodacom Service Description form for MT Billing services provided by Dialogue

WASPA
WASPA (Wireless Application Service Providers' Association) is an independent, non-profit organisation representing the interests of organisations providing mobile application services in South Africa. The Association aims to provide a neutral forum for members to address issues of common interest and interact with industry stakeholders, network operators and government bodies. WASPA aims to ensure that end-users receive world-class services and industry participants earn a fair return on their investments. Visit WASPA at http://www.waspa.org.za

Code of Conduct
The primary objective of the WASPA Code of Conduct is to ensure that members of the public can use mobile services with confidence, assured that they will be provided with accurate information about all services and the pricing associated with those services. The Code aims to equip customers and consumers with a mechanism for addressing any concerns or complaints relating to services provided by WASPA members, and a framework for impartial, fair and consistent evaluation and response to any complaints made.

The Code of Conduct also sets standards for advertising mobile application services, and includes a framework for the provision of adult services, to ensure adequate protection of children from potentially harmful content.

An up to date version of the code can be downloaded from http://www.waspa.org.za/code/codeconduct.shtml.

WASPA Advertising Guidelines
In addition to the provisions listed below all members are bound by the WASPA Advertising Rules, published as a separate document on the WASPA website http://www.waspa.org.za/code/advert-rules.shtml.

The latest version of the WASPA Advertising Rules will always be available on the WASPA web site.

Consumer Protection Act
The purposes of this Act are to promote and advance the social and economic welfare of consumers in South Africa. A copy of the act can be downloaded from www.info.gov.za/view/DownloadFileAction?id=99961. 

Responsibilities
Unless otherwise specified, the responsibilities of the Code of Conduct applies to all wireless application services accessed by a customer in South Africa, transmitted by a wireless application service provider and carried by a South African network operator.

Where the Code addresses services provided by members, it applies only to wireless application services provided by a WASP.

Where any information provider that is not a WASPA member conducts any activity governed by the provisions of this Code, and makes use of the facilities of a WASPA member to do so, that member must ensure that the information provider is made fully aware of all relevant provisions of the Code and the member shall remain responsible and liable for any breach of the Code resulting from the actions or omissions of any such information provider.

WASPA Membership
Membership of WASPA is voluntary. Voting members are required to have an existing business relationship with one or more of the network operators. All members are required to accept the WASPA Code of Conduct and related procedures as binding.

• WASPA Full membership

To qualify for full membership, it is a pre-requisite to have at least one connection and hence a direct contract with a South African mobile network operator.

• WASPA Affiliate membership

The affiliate category has been created for information service providers who do not have a direct connection to any of the mobile network operators.

Affiliate members are not entitled to vote.

There are no other differences in the benefits accruing to the two categories.

Vodacom Service Description Form
A comprehensive form required by Vodacom detailing service name, service description with regards to opt in, opt out, pricing and type of service. Vodacom pre-approves services based on the application of the services.

Vodacom Double Opt-in
Vodacom has implemented a double opt-in to ensure that customers who request WASP services on their network receive a notification which will provide full service details including pricing information and WASP contact details. Vodacom has taken full control of this notification to help improve the customer experience.

Adult Services
An “adult content service” is any service for the provision of content which has been classified as suitable only for persons 18 years or older by an appropriate body (such as the Film and Publications Board), or content reasonably likely to be so classified. See the Vodacom adult guide for more information.

Charity Shortcodes
The Non-Profit Organisation (NPO) may follow an application and approval process when applying for Charity codes with operators providing the service in South Africa. Conditions are set by some of the operators on approval of the services.

Mobile Operators
www.vodacom.co.za
www.mtn.co.za
www.cellc.co.za
www.8ta.co.za

Mobile Virtual Network Operator
www.redbullmobile.co.za over CellC
www.virginmobile.co.za over CellC

Screening Services / Pre-Approval of Services

WASPA offer a screening service where you can contact them for compliance advice.  Alternatively you can seek advice from Dialogue Mobile directly.

• info@waspa.org.za
• 011 476 7710

List of Governing / Regulatory bodies in South Africa:

WASPA Code of Conduct & Ad Rules
www.waspa.org.za/code/index.shtml

Consumer Protection Act
www.info.gov.za/view/DownloadFileAction?id=99961

Advertising Standards Authority of South Africa
www.asasa.org.za/

National Consumer Commission
www.nccsa.org.za/

Direct Marketing Association
www.dmasa.org/

Government Bodies
www.doc.gov.za

Telecommunications Authority
www.icasa.org.za

Film and Publications Board
www.fpb.org.za

The Internet Service Providers’ Association’s code of conduct
www.ispa.org.za

Music Rights / License
www.norm.co.za
www.samro.org.za

National Lottery Board (Competitions and Lottery Services)
www.nlb.org.za

Dialogue Mobile is not responsible for any potential variance, misinterpretation, inaccuracies, or inconsistencies which may appear on this page.  We stress that the information contained here is for guidance only.