fines are levied by adjudicators who are lawyers and academics with no interest in the industry or connection with it other than an understanding of the legal issues. as pointed out above i am one and i have never had even the slightest hint of interference or any communication at all stating or implying i should find or fine in a particular way
i accept that waspa's origins as self-regulatory body are ultimately too close to the networks as it is the networks that needed to be seen to doing something about the wasp industry but this does not mean it is worthless or that it has not made a positive intervention
a few things to consider
- waspa can only consider complaints before it - the majority of the complaints involving breaches of the code of conduct are, in my experience, competitor complaints and not complaints from consumers (better publicity required)
- it is glib to propose that a scan of the results of adjudications shows umpteen warnings and select offenders...the way the game is played is that the code of conduct is a legal document and behaviour has to be measured against the rules and standards it creates. No differentiation is made as to who the member being complained about is other than for the purpose of assessing the correct sanction
- the adjudicators have a lot of discretion with regard to sanction - from where i sit i am aware of numerous short codes being suspended or terminated, of networks suspending service provider access, of service providers being forced to reimburse thousands of customers (or just a few), of significant fines in excess of R100 000 being imposed (as opposed to what you get in a magistrate's court for fraud, assault etc these are significant)
the situation is not perfect but something positive is being done - over the time i have been observing i am convinced that there has been a sharp curbing in dodgy practises, especially with regard to subscription services. i think it is probably fair to say that the wasp industry has the most advanced consumer protection of any other sector of the electronic communications market (even if that isn't saying much)