waspa presentation films pub home affairs

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Parliament May 2 2007 Film & Publications Amendment Bill Presentation to Home Affairs Portfolio Committee


Wireless Application Service Providers Association Represents ‘Wireless Application Service Providers’ WASPs provide ringtones, mobile games, voting etc Self-regulatory scheme 90+ members, representing most of the mobile content and services industry in South Africa Sophisticated Code of Conduct with enforcement Supported by Cell C, MTN and Vodacom Formed under framework of Chapter XI of ECT Act Industry Representative Body Requires Code Of Conduct WASPA


Code Of Conduct in force from 1 Sep 2005 Advertising Rules in effect from 1 Jan 2006 Both ‘integrate’ many national laws Rules applied consistently across all three mobile networks Rules revised constantly as issues arise Similar ‘WASP’ issues in other jurisdictions WASPA Rules applied in other countries WASPA Rules


Advertising Rules & Formatting Spam Adult Services Access by Minors to adult content Subscription Services Display of Pricing Display of Terms & Conditions Competitions Dating Services Charity Services Code Of Conduct Scope Promotes Good Governance & Best Practice


WASPA Rules Made Mandatory By All Networks WASPA powers enforced by contract between WASP & network Networks act on WASPA recommendations Enforcement Secretariat Quasi-judicial process with own civil procedure Formal Process Informal Process 8 Adjudicators & Appeals Panels All ICT-lawyers Powers: Suspension Fine Withhold revenue Expulsion from WASPA etc Enforcement of WASPA Rules


Over 1000 complaints Fines of up to R200,000 levied One WASP shut for 30 days WASP denied access to new services for 90 days Networks executed on WASPA sanctions recommendations TV stations made WASPA membership compulsory Results Since 1 Sep 05 - 2 May 2007 WASPA’s PROVEN EFFECTIVENESS IN SELF-REGULATION

Mobile Sector Enforces Responsible Self-Regulation Of Adult/Age-Restricted Content: 

Mobile Sector Enforces Responsible Self-Regulation Of Adult/Age-Restricted Content WASPA Engages With F&PB, ICASA, Media (2004-2007) WASPs Initiate Parental Blocking (2005) WASPA Code Of Conduct (1 Sep 2005) Network Launch IRB Code (2 November 2005) WASPA Advertising Guidelines (1 Jan 2006) Vodacom 1.7 ‘Adult Content Rule’ (1 Jan 2006) Vodacom *111# age block Network-specific AVS proposed (2007) WASPA Adult Advisories (Feb & Mar ‘07) Adult+Mobile Solutions


Mobile industry vibrant & competitive Some of the most sophisticated & creative mobile content providers in the world Content catalogues very fluid WASP catalogues may run into 100,000’s of items Competitive reasons for quick entry of new content into market, so want to avoid delays Market changing: content hosted abroad on ‘lease’ basis, rather than being stored locally Classification: A Balancing Act


Registration & Classification seen by many WASPs as possibly too costly & lengthy Currently: Registration R825 Classification cost per item [“film”] ~R1,000+/item multiplied by items in inventory Interactive computer game costs R1,347, even if few seconds long Classification process seen as lengthy & not cognisant of commercial needs for quick turn-around Future: Need for more efficient system, if going to classify No per-item fee Nominal service-only charge & quick turn-around Registration & Classification


WASPA has engaged FPB for over a year to find common ground and resolution to conforming with existing FPA regulations WASPA XX/18 Advisory to members on distribution of content (Feb 2007) FPB/WASPA Workshop (Feb 2007) Advisory emphasises ban on XX & X18 over mobile Enforced by WASPA CoC & Ad Rules Utilities Company proposal for an age-verification system that operates cross-network Possible equivalent of face-to-face verification Will allow for any age-sensitive initiatives e.g. adult, gambling, lotto WASPA~FPB Initiatives WASPA~FPB Initiatives


WASPA & FPB want to find common ground to ensure that any state regulation does not inadvertently stifle vibrant industry Initiatives Proposal: WASPA proposes, if necessary, that WASPA (or a designated 3rd party) be tasked by FPB/FBAB with self-classification of content ‘distributed’ over mobile: “WASPA Classification Committee” (WCC) as per s10 of Bill WCC to be trained by FPB


Propose co-regulatory regime with FPB oversight over ‘WCC’ vs supervisory International Precedent For Sector Specific Co/Self Regulatory Content Classification Committees in UK, Germany & Singapore Oversight = Co-regulatory Efficiencies maximised if lines of authority between FPB & WCC is based on a periodic oversight basis & not supervisory Board and/or Compliance Officer randomly check competencies & classification decisions of WCC ‘Oversight vs. Supervisory’


WASP/IP submits to to WCC sets of content it wants classified 100,000’s of items Place on portable storage medium Classifiable content would be placed in appropriately named folders on the storage medium. Could also have thumbnail printout WASP/IP, with reference to classification guidelines, declares that content so presented to the WCC is correctly classified. The declaration would be subject to appropriate sanctions in case of fraud or similar intentional misrepresentation Classification Committee would of necessity only randomly check the storage medium contents for compliance with the declared classifications Based on its assessment, the WCC would then issue a content-class classification for the items. Fast turnaround, service-fee Proposal: Classification Procedure

UK Independent Mobile Classification Body (IMCB) : 

In 2004, UK MNOs form IMCB for self-regulation of new forms of content on mobiles. Classifies commercial content unsuitable for <18 IMCB is a subsidiary of ICSTIS (UK’s PSMS Regulator). IMCB operates under a contract between itself and the mobile operators It has no powers conferred on it by law If providers of commercial content do not classify their content correctly and in line with the framework, they may be in breach of their contract with MNO http://www.imcb.org.uk UK Independent Mobile Classification Body (IMCB)

Germany: KJM : 

Germany: KJM Commission for the protection of minors in media (Kommission für Jugendmedienschutz) Co-regulatory (or, regulated self-regulatory) framework for content classification. Has 12 experts nominated by the regulatory authorities Recognizes & licenses institutions of voluntary self-supervision Approves technical measures such as content filtering and rating systems.

Section 24C(1)(e): Filtering Software: 

Section 24C(1)(e): Filtering Software Says that subscribers must be provided with: ‘software designed to filter or block their children from access to web sites containing pornographic materials and information on the installation and use of such software.’ But: Impractical on mobile phones Should not prescribe technologies but outcomes Take into account technology neutrality Rather be server-based, if needed at all .’ Proposal: Section 24C(1)(e) would thus read… “where technologically possible, provide to all their subscribers facilities designed to filter or block their children from access to electronic material containing pornographic material, and information on the installation and use of such facilities”


Thank you for the opportunity to present! WASPA will continue to work with the Board to find appropriate solutions! Questions? WASPA~FPB Initiatives Thank You & Questions

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