The first ruling by the WASPA adjudicator is provoking mixed reaction.
Peach Mobile (a content provider) and Integrat (a wireless application service provider or WASP) have been found guilty of complaints, including misleading advertising of subscription services.
Davin Mole, Exactmobile CEO, welcomes the ruling but says it is ineffective. A R50 000 fine, suspended for 12 months on condition that the WASP code of conduct is not infringed during that time, is not enough, he says.
"Customers who were duped into subscribing have not been unsubscribed, which means Peach Mobile and Integrat are still making money off misleading advertising."
Mole says Vodacom should force all WASPS who have breached the code to unsubscribe users, and allow them to re-subscribe if they choose to. "Otherwise, both WASPA and Vodacom have been outsmarted. Given that most users who are being misled are minors or from low income groups, the need for proper action is all the more serious."
While Vodacom has not subscribed to the WASP code, MTN and Cell C have.
Gavin Penkin, Exactmobile director, made the complaint after seeing the ad in publications including People and You/Huisgenoot.