[kictanet] ISP Advertising Standards: Open Letter to CCK

Thu Sep 13 12:11:15 EAT 2012

I think beyond semantics and definitions, the  point should first be that
Marketing agencies and service providers should sell, and communicate about
what they are selling properly to the client, or better still, Not present
their product in such a way that is deceptive or can lead to
misunderstanding. If it is illegal to have a TV called SQNY, it should be
wrong to claim youll download MBs when youre selling Mbs.

On Thu, Sep 13, 2012 at 11:33 AM, Alex Kamiru <nderitualex at gmail.com> wrote:

>  There is always disconnect from what networking professionals and
> 'others' refer as QoS.
>
> 'Others' definition has to do with capacity so more of QoE rather than
> traffic prioritization.
>
>
> It's not tricky, it doesn't make sense! How do you prioritize traffic on
> public infrastructure?
>
> Sent on the run,
> Please excuse errors & ommissions!
> On Sep 13, 2012 10:31 AM, "John Gitau" <jgitau at gmail.com> wrote:
>
>> 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.
>> >>
>> >>
>> >> _______________________________________________
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>> https://lists.kictanet.or.ke/mailman/options/kictanet/vkapiyo%40gmail.com
>> >>
>> >> 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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>> >
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>> https://lists.kictanet.or.ke/mailman/options/kictanet/jgitau%40gmail.com
>> >
>> > 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.
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
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>>
>> Unsubscribe or change your options at
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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.
>
>
>
> _______________________________________________
> kictanet mailing listkictanet at lists.kictanet.or.kehttps://lists.kictanet.or.ke/mailman/listinfo/kictanet
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>
> Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/nderitualex%40gmail.com
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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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>
> 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.
>

-- 
*“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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