[kictanet] ISP Advertising Standards: Open Letter to CCK

John Gitau jgitau at gmail.com
Thu Sep 13 10:30:57 EAT 2012


QOS will be tricky to define for an "Internet service". 

Gitau

Sent from my iPad

On 13 Sep 2012, at 10:04, "Grace Mutung'u (Bomu)" <nmutungu at gmail.com> wrote:

> In addition, this could also be an issue of quality of service
> (advertised versus provided service) and the QoS and above quoted
> Regulations provide that the aggrieved consumer can complain to the
> Licensee/ISP and if the complaint is not addressed, complain to CCK.
> 
> 2012/9/13, Victor Kapiyo <vkapiyo at gmail.com>:
>> Collins, Listers,
>> 
>> I think it's important to have standards.
>> 
>> With regard to enforceability, allow me to quote some relevant provisions
>> of the law:
>> 
>> The Constitution provides for Consumer Protection under Art. 46:
>> 
>> *46. (1) Consumers have the right—*
>> 
>> *(a) to goods and services of reasonable quality;
>> *
>> *(b) to the information necessary for them to gain full benefit from goods
>> and services;
>> *
>> *(c) to the protection of their health, safety, and economic interests; and
>> *
>> *(d) to compensation for loss or injury arising from defects in goods or
>> services.
>> *
>> *(2) Parliament shall enact legislation to provide for consumer protection
>> and for fair, honest and decent advertising.
>> *
>> *(3) This Article applies to goods and services offered by public entities
>> or private persons*
>> 
>> NB: The Consumer Protection Bill, which is to be enacted pursuant to Art 46
>> (2), is yet to be passed by Parliament.
>> 
>> In addition, we already have regulations under the Kenya Information and
>> Communication Act,  i.e. Kenya Information and Communication (Consumer
>> Protection) Regulations 2010, which is already in force.
>> 
>> Allow me to quote:
>> 
>> *"3. Rights and obligations of customers.*
>> 
>> *(1) A customer shall have the right to—
>> 
>> (a) receive clear and complete information about rates, terms and
>> conditions for available and proposed products and services;
>> 
>> (b) be charged only for the products and services they subscribe to;
>> 
>> (c) where possible, select a service provider and service of the customer’s
>> choice;
>> 
>> (d) personal privacy and protection against unauthorized use of personal
>> information;
>> 
>> (e) accurate and understandable bills for products and services authorised
>> by the customer, and to fair prompt redress in the event of a dispute in
>> the provision of the products and services;
>> 
>> (f) protection from unfair trade practices, including false and misleading
>> advertising and anti-competitive behaviour by licensees; and
>> 
>> (g) equal opportunity for access to the same type and quality of service as
>> other customers in the same area at substantially the same tariff limiting
>> variations to available or appropriate technologies required to serve
>> specific customers."*
>> 
>> 
>> And Rule 23:
>> 
>> *"23. Offences and penalties.
>> (1) A licensee who—
>> 
>> (a) fails to perform the measurement, reporting and record keeping tasks
>> within the required time;
>> 
>> (b) fails to reach a target for any of the parameters stipulated under
>> these Regulations;
>> 
>> (c) fails to submit, during a time specified by the Commission, information
>> requested by the Commission pursuant to these Regulations;
>> 
>> (d) submits or publishes false or misleading information about the quality
>> of its services;
>> 
>> (e) obstructs or prevents an inspection or investigation carried out by the
>> Commission pursuant to these Regulations;
>> 
>> (f) engages in any act or omission whose effect would be to defeat the
>> purposes of these Regulations, commits an offence.
>> 
>> (3) A person who commits an offence under these Regulations shall, where no
>> specific penalty is provided for, is liable on conviction to a fine not
>> exceeding three hundred thousand shillings or to imprisonment for a term
>> not exceeding three years or both."*
>> 
>> As you can see from the foregoing, there are sufficient provisions in the
>> law to regulate licensee conduct with regard to advertising. If these were
>> followed and implemented to the letter by all persons, then we'd have more
>> transparency especially with regard to advertising.
>> 
>> What would perhaps problematic is the level of disclosure, i.e. what would
>> constitute complete information within the meaning of the law?
>> 
>> Here, I think that either standards or further guidelines would be
>> important, to provide clear criteria or guidelines for the class,
>> elements or type of information that would need to be disclosed to meet the
>> threshold of the provisions so quoted. I think the industry needs to sit
>> down and agree on this bearing in mind the industry best practices and the
>> practicability of implementing the same in the Kenyan context.
>> 
>> Victor
>> 
>> 
>> Sent from my Windows 8 PC <http://windows.microsoft.com/consumer-preview>
>> 
>> *From:* Ali Hussein <ali at hussein.me.ke>
>> *Sent:* 11 September 2012 21:06:26
>> *To:* vkapiyo at gmail.com
>> *CC:* KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
>> *Subject:* Re: [kictanet] ISP Advertising Standards: Open Letter to CCK
>> 
>> Collins
>> 
>> Good idea. We could also appeal to APA (Advertising Practitioners
>> Association) as this also borders on culpability from an advertising agency
>> perspective.
>> 
>> Ali Hussein
>> 
>> +254 773/713 601113
>> 
>> Sent from my iPhone®
>> 
>> On Sep 11, 2012, at 8:52 PM, Areba Collins [ @BrainiacKE ® ]<
>> arebacollins at gmail.com> wrote:
>> 
>> 
>> 
>> Hello listers,
>> Im following this from a discussion in the other list from one Kelvin, his
>> assertions were:
>> 
>> I think we need to as a group write a couple of recommendations for the CCK
>>> to rein in ISPs especially how they advertise. This could cover aspects
>>> such as :-
>>> 
>>> 
>>>   - Proper disclosure to customers on speeds i.e should Orange advertise
>>>   21mbps and get away with it
>>>   - Outline whether its shared
>>>   - Provide figures for the FUP
>>>   - Disclose whether or not inernet is unlimited
>>> 
>>> There are some things you wouldnt get away with the FCC in the US .
>>> 
>>> What are your thoughts ?
>>> 
>>> Kevin
>>> 
>>> 
>> I need to hear what CCK has to say about this, I would very much preffer
>> ISP companies to give full disclosure of what they are selling , using a
>> standardized nomenclature. Could someone please advise if this is
>> enforceable?
>> 
>> Regards,
>> 
>> 
>> --
>> *“The twentieth century has been characterized by three developments of
>> great political importance: the growth of democracy, the growth of
>> corporate power, and the growth of corporate propaganda as a means of
>> protecting corporate power against democracy”*
>> 
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>> 
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for
>> people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and
>> development.
>> 
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>> 
> 
> 
> -- 
> Grace L.N. Mutung'u (Bomu)
> Kenya
> Skype: gracebomu
> Twitter: @Bomu
> Website: http://www.diplointernetgovernance.org/profile/GraceMutungu
> 
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> 
> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
> 
> KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.




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