Report of the Appeals Panel

Similar documents
Report of the Adjudicator. Complaint number # Cited WASPA members Clickatell (Pty)Ltd (0004) All. members. Source of the complaint

Tribunal By-Laws In effect as of May 26, 2014

BASKETBALL everyone s game

Basketball Australia/Darwin Basketball Model Disciplinary Tribunals By-law Preamble

Basketball Model Tribunal By-law

Investments, Life Insurance & Superannuation Terms of Reference

Decision ADJUDICATOR DECISION ZA CASE NUMBER: ZA DECISION DATE: 23 September Nuttall, Paul DOMAIN NAME REGISTRANT:

IMMIGRATION ADVISERS LICENSING ACT 2007

ENGLAND GOLF DISCIPLINARY AND APPEAL REGULATIONS (Including appeals from Clubs and Counties)

REPORT OF THE ADJUDICATOR. A complaint was received from a parent regarding his son s use of an adult SMS chat service. The complainant alleges:

Rules for Disciplinary Procedures Season 2017

4 September Monitoring of Complaints against the Merseyside Police and Crime Commissioner March to August 2014

In this agreement, the following words and phrases shall have the following meanings unless the context otherwise requires:

This Memorandum of Understanding (MoU) was agreed between the English Chess Federation (ECF) and the Chess Arbiters Association (CAA) on 24/02/2018

Bo ness Amateur Swimming Club (WBSX)

CODE OF PROFESSIONAL ETHICS CODE OF PROFESSIONAL ETHICS

DISCIPLINARY PROCEDURES

THE EXPERT WITNESS INSTITUTE COMPLAINTS AND DISCIPLINE RULES

COMPLAINTS AND DISCIPLINARY POLICY

AUSTRALIAN WEIGHTLIFTING FEDERATION LIMITED

Decision of Complaints Assessment Committee

Fair Play Policy and Procedures

13 Procedural Rules for Fast Track Proceedings

GUIDELINES TO MSA OFFICIALS JUDICIAL PROCEDURES. Revised for the 2015 MSA YEARBOOK

Do you represent an organisation (please specify which and your role): This submission is from Age Concern New Zealand.

HAW DISCIPLINARY POLICY STRENGTH IN SPORTSMANSHIP

Independent Arbitration Scheme for the Chartered Institute of Management Accountants (CIMA)

RFU REGULATION 21 SAFEGUARDING

Proposed banning order offences under the Housing and Planning Act 2016

THE SCOTTISH GYMNASTICS ASSOCIATION ("SGA") CONDUCT IN SPORT CODE

Sunrise and DPML Dispute Resolution Policy

DISPUTE RESOLUTION PROCESS

Top Level Design LLC January 22, 2015

ENGLAND BOXING DISCIPLINARY PROCEDURE

Guidance on the RIBA Code of Practice for Chartered Practices - complaint procedures.

113th Session Judgment No. 3136

Lipikar Families Campaign

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG ELIZABETH MATLAKALA BODIBE

Association of Financial Advisers Limited

Guidance Document on Elections and Referenda- Lent Term Elections 2017

DISCIPLINARY RULES. Board means the Board of Directors for the time being of the Society;

COMPLAINTS AND APPEALS POLICY & PROCEDURE

GENERAL RULES NATIONAL ICE SKATING ASSOCIATION (UK) LTD

6. Voting for the Program will be available for five (5) weeks from Monday 13 June 2016.

REGULATIONS FOR FOOTBALL ASSOCIATION DISCIPLINARY ACTION

The Consumer Code for Home Builders Independent Dispute Resolution Scheme. Information for customers

1. BG s Constitution, its Regulations and the various conditions of membership, registration and affiliation together require that:

Fitness Centre & Day Spa Miami Fit. Fun. Fall. OFFICIAL RULES

TERMS AND CONDITIONS

Florida Hospital s Tampa Bay Lightning Top 25 Players Contest OFFICIAL RULES

HOCKEY WALES DISCIPLINARY (RED CARD/ MMO) REGULATIONS

GUTSCHE FAMILY INVESTMENTS (PTY) LIMITED

Complaints in Relation to Child Protection Conferences For parents, carers, children and young people

Adjudication in a matter raised by Ms Samantha Denham

Games-Time Reporting Procedure: IPC Policy on Non-Accidental Violence and Abuse in Sport

Ticketing Code of Practice

CONSTITUTION. (Rules) of the NSW Torana Club Incorporated. Approved at the Annual General Meeting of 17 th March 2018

Guidance Notes for Customers

ALABAMA SOCCER ASSOCIATION Appeals and Discipline Policy

Planning Institute of Australia (NSW Division) Submission on Draft Environmental Planning and Assessment Regulation 2010

Silver City Blues (Masters) Swim Club CONSTITUTION, BYE-LAWS AND REGULATIONS INDEX

Judicial Code. Contents

REPUBLIC OF SOUTH AFRICA

PART 5 CODE OF ETHICS

COMPLAINTS AND DISCIPLINE PROCESS

THE FOOTBALL ASSOCIATION S SAFEGUARDING VULNERABLE ADULTS POLICY

Bizz Inc. Contest Rules NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT

COMPLAINT HANDLING RULES

Cupar and District Swimming Club CONSTITUTION, BYE-LAWS AND REGULATIONS INDEX

Electricity Retail Licence. NewRet Pty Ltd

PROCEDURE Simple Cautions. Number: F 0102 Date Published: 9 September 2015

3 February Monitoring of Complaints against the Merseyside Police and Crime Commissioner September 2014 to January 2015

CODE OF CONDUCT FOR MEMBERS OF SASKATOON CITY COUNCIL

DISCIPLINARY PROCEDURES

1. Definition and Interpretation 1.1 In these Regulations, unless the context clearly indicates otherwise:

FÓ DLÍTHE. Cumann Peil Gael na mban Coiste Átha Cliath. Dublin County Committee Ladies Gaelic Football Association BYE-LAWS [2018-V1]

Renewable Energy Consumer Code ( the Executive ) representation:

Complete all required fields and submit the Contest Entry Form found on the Website.

NIGERIAN COMMUNICATIONS ACT (2003 No. 19)

.CREDITUNION SUNRISE DISPUTE RESOLUTION POLICY

TERMS OF REFERENCE. Issued Date: 3 January 2011

Professional Discipline Procedural Handbook

Notice of Decision of the Northern Ireland Social Care Council s Conduct Committee

October Guideline to Disciplinary Committee for Determining Disciplinary Orders

Frequently Asked Questions Superannuation

SUNRISE DISPUTE RESOLUTION POLICY

independent and effective investigations and reviews [PIRC/00522/17 [MARCH 2018] Report of a Complaint Handling Review in relation to Police Scotland

Community Directives relating to the coordination of procedures for the award of public contracts:

CPR Institute for Dispute Resolution

Canterbury & District Soccer Football Association Incorporated. Judiciary Disciplinary & Appeals Regulations 2017 (Version 1 19 th December 2016)

RULES OF BRITISH ROWING LIMITED (An excerpt from the Rules of British Rowing 2015) SECTION H THE DISCIPLINARY AND GRIEVANCE PANEL

SOUTH AFRICAN RUGBY UNION DISCIPLINARY AND JUDICIAL MATTERS REGULATIONS

BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL. Decision No: [2015] NZIACDT 47. Reference No: IACDT 034/14

Discussion paper. Seminar co-funded by the Justice programme of the European Union

RFU REGULATION 21 SAFEGUARDING

LORDE RETWEET TO WIN TWITTER CONTEST OFFICIAL CONTEST RULES AND REGULATIONS ( Official Rules )

GUIDANCE DOCUMENT ON ELECTIONS AND REFERENDA Michaelmas Term Elections 2014

Investigations and Compliance Policy and Procedures

Disciplinary & Dispute Resolution Procedures

Mandatory Procedures for. THDC & Disciplinary Code. Approved by Ardchomhairle. Edition No. 2

Transcription:

Report of the Appeals Panel Complaint number 34112 Cited WASPA members Notifiable WASPA members Appeal lodged by Type of appeal Scope of appeal Applicable version of the Code Sections considered by the panel Robot Internet Pte Ltd (1388) Mira Networks (Pty) Ltd (0011) Robot Internet Pte Ltd Panel Review of the decision, sections and sanctions imposed by the adjudicator. 14.7 4.2., 23.1., 23.2, 23.4, 23.5, 23.6, 23.7, 23.8, 23.9, 22.1, 22.2, 22.4, 22.9 Related complaints considered Amended sanctions Appeal fee Is this report notable? Summary of notability N/A Adjudicator s rulings and sanctions dismissed. Refunded in full. Yes The promotion of adult content in games which, whilst not targeted at children, are reasonably expected to be used by children is currently not adequately dealt with by the Code. The suggestion is that the Code Committee review the situation to provide clarity for all members. Page 1

Initial complaint Complaint 34112 involved the promotion of adult subscription services within a mobile game (Tap Ball) offered to and used by children. The complainant conducted a test on the Tap Ball mobile game offered by Google Play. The complainant alleged that the game is considered to be a child-friendly mobile game, rated by Google as 3+ (three years of age plus) and suitable for all age groups. Adjudicator s findings The Adjudicator found as follows: 1. The mobile game in question was suitable for use by persons under the age of 18 years. Based on the rating given to the game by Google, it appears that the game was in fact suitable for use by relatively young children (i.e. above the age of 3 years). 2. The in-app promotional material discovered by the complainant when testing the mobile game was of an adult nature and related to an adult subscription service offered by the member and which was not suitable for children. The Adjudicator found based on the above that the the member had breached sections 23.5, 23.6, 23.8 and 23.9 of the WASPA Code. In addition, due to the fact that the member did their own marketing, the Adjuidcator found that the member had breached section 4.2 of the WASPA Code in that it had failed to take reasonable steps to prevent its adult subscription services being promoted to children which constituted unprofessional conduct as envisaged in section 4.2 of the WASPA Code. Appeal submissions The member appealed the Adjudicator's decision in respect of the following 1. A breach of sections 23.5, 23.6, 23.8 & 23.9 of the WASPA Code; 2. A breach of section 4.2 of the WASPA code; and 3. The level of sanctions imposed for the alleged breaches. Page 2

In respect of the breaches of 23.5, 23.6, 23.8 and 23.9, the member stated as follows: The adjudicator deemed that we breached sections 23.5, 23.6, 23.8 & 23.9. However if you read section 23 in its totality, this sections relates to 23.2 children s services. These are services that are marketed to children. Our service is clearly not per 23.2... wholly or in part, are aimed at, or would reasonably be expected to be particularly attractive to children In this case we have not breached the sections identified as we did not promote a children s service. In respect of the breach of section 4(2) of the WASPA Code the member stated as follows: In respect of the breach of section 4.2 the adjudicator has ruled that I am therefore of the view that the member failed to take reasonable steps to prevent its adult subscription services being promoted to children. This constitutes unprofessional conduct as envisaged in section 4.2 of the Code and the complaint is accordingly upheld in this regard. We dispute that our conduct was unprofessional as envisaged by the code. The appearance of the advertising banner in app that could potentially be viewed by a child (as it was age unrestricted) was inadvertent. As soon as we were notified of the breach we stopped all ad campaigns on the ad network identified and cancelled all the subscriptions that had occurred on that ad channel. We feel this demonstrated our commitment to maintaining professional conduct. In respect of the severity of sanctions for the breaches the member viewed these as unduly harsh and punitive bearing in mind the guidelines for sanctions as set out in 24.34 of the WASPA Code and historical sanctions handed down in adjudications for breaches of the same sections of the WASPA Code. The member accordingly requested that the complaint be set aside. We assume they meant to decision of the Adjudicator and the sanctions be set aside. Deliberations and findings The panel reviewed the complaint files, the Adjudicator s report as well as the member s appeal. The panel finds that there was no breach of sections 23.5, 23.6, 23.8 and 23.9 as section 23 relates to children s services as defined by the WASPA Code which are wholly or in part, are aimed at, or would reasonably be expected to be particularly attractive to children and the member s services are not children s services but rather adult services as envisaged by the WASPA Code. The panel also finds that the member did not act unprofessionally but rather proceeded to take all steps required by WASPA to ensure compliance with the WASPA Code and the complaints process. In fact, the member suggested that all in-app promotion is problematic and should be banned by WASPA as it is simply not possible to target apps that could not be deemed Page 3

applicable to children. Google Play and istore now only allow family friendly apps so every app can be potentially construed as being child applicable. However this does not conclude the matter. This was a difficult decision for the panel to make. As will become apparent, this appeal succeeds not because it is acceptable to have adult content in games played by children, but rather because the sections of the WASPA code of conduct were incorrect. The panel finds that a critical potential breach of the WASPA Code was not raised in the formal complaint and consequently never considered in the above complaint. It is now trite that a WASPA appeal panel may not consider this potential breach of the WASPA Code which was not raised in the original complaint (please refer to section 24.32A of the WASPA Code). Instead the panel is obliged to refer the matter back to WASPA, which it hereby does, as more fully set out below. Additional Issues The panel believes that an important section of the code (section 22.4) was potentially breached in the promotion of the member s services. Accordingly, the panel recommends that WASPA institute a new complaint against the member for formal adjudication based on a breach by the member of section 22.4, which reads: Section 22.4: Promotions for adult services must be in context with the publication or other media in which they appear. Services should be in context with the advertising material promoting them. The content of a service should not be contrary to the reasonable expectation of those responding to the promotion. In addition, the panel believes that the WASPA Code of Conduct committee should consider amending the WASPA Code of Conduct to clarify the position for all members and as a result the panel has deemed this report to be notable as set out in the header of this appeal result. Amendment of decision and sanctions For the reasons set out above, the decision of the Adjudicator and the sanctions are set aside. Appeal fee Page 4

The member has been successful in the Appeal and the panel orders a refund of the Appeal fee. Page 5