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Trade body seeks ongoing dialogue with PhonepayPlus and Ofcom in bid to avoid 'prescriptive' regulation
The Association for Interactive Media & Entertainment (AIME) has welcomed the adoption of several of its recommendations within the new PhonepayPlus (PPP) rules governing the sale of mobile content in the UK.
However, the trade body says it's 'concerned' that the current trend of PPP is to continue down the road of prescriptive regulation.
In a statement AIME chairperson Sally Weatherall, said: "[We] consulted closely with [our] members and PPP in respect of the mobile review and made several recommendations which we note have been adopted.
"[However] many of the causes of the apparent consumer harm being evidenced by PPP could have been resolved through the enforcement of its broad compliance principals, namely, transparency of pricing and fairness.
"It is not necessary or appropriate for a regulatory body to introduce technically specific requirements that focus on specific service formats. The risk is that the technology simply evolves to leave the consumer at risk again and entrepreneurialism and investment is stifled.
"AIME looks forward to the broader consultation on the PPP 12th Code and hopes very much that both PPP and OFCOM will take this opportunity to adopt a generic principals based code that will both facilitate the growth of new services and adequately protect the consumer."
Yesterday PhonepayPlus moved to reassure the market about its new rules.
It has also encouraged industry stakeholders to submit comments or suggestions directly to compliance@phonepayplus.org.uk.
I endorse the comments of AIME. The recent PPP announcement really adds nothing beyond what is essentially already in place under the existing network operator codes of practise. PPP does seem, unfortunately to be moving into territory beyond setting frameworks by becoming technically prescriptive. This is not a good trend and it needs to work closely with the industry to find ways in which to set a framework under the 12th code which allows scope for entrepreneurism and stimulates growth in the market again. A simple 'licenced service provider' approach has strong merits whereby those who contravene what is essentially a workable framework lose their right to operate services.
The problem that lead to the year on year rise in complaints was the misuse of third party data lists of mobile phone numbers. Most complaints to PPP concerned the receipt of unsolicited reverse billed text messages.
It would be interesting to know what Aime's industry members would propose to address this problem. What would the Industry response be to the suggestion that cases where criminality was suspected be referred to the police for investigation.
The lack of reply from any body from AIME is a little disappointing but not really unexpected. I have just received a reply from my local MP who believes that cases of repeat offenders who use third party data lists of mobile phone numbers should most certainly be referred for criminal investigation.