Phonepayplus begins work on next Code of Practice

[Hamlet]

"PhonepayPlus begins work on next Code of Practice

15 October 2008

PhonepayPlus today announced the beginning of a consultation exercise to develop the next edition of its Code of Practice. All interested parties are invited to complete a questionnaire that will help determine the scope and framework of the new Code. "

"Welcome to our Pre-consultation.

12TH PHONEPAYPLUS CODE PRE-CONSULTATION QUESTIONNAIRE

The 11th PhonepayPlus Code has now been in force for around 20 months. In order to ensure that our regulatory framework remains fit for purpose, we have now begun the scoping process for the 12th version of the Code. The process is being managed by a Programme Board chaired by David Clarke (PhonepayPlus Board member) and consists of a number of members drawn from PhonepayPlus and Ofcom.

It is expected that the pre-consultation, drafting, formal consultation and various other components leading to ratification of the 12th Code will take between 18 and 24 months. During this period, there will be a number of workshops and other opportunities for dialogue, both formal and informal, with all our stakeholders. This questionnaire is merely the first step in that ongoing dialogue.

The questions are intended to elicit both qualitative and quantitative responses. It is not intended that your responses set a direction of travel for the 12th Code Programme Board at this stage, but they are intended to make a substantial contribution to our knowledge and evidence base. As such, we will value any qualitative responses you provide to support your views.

This pre-consultation is split into two parts: the questionnaire itself and more detailed information on each question. Please click here to view the background information.

Firstly, we need to take your name and a few details about you. Rest assured that all responses will remain anonymous, although we may group them by stakeholder type for subsequent presentation."

In the survey form please complete the following questions:

• Q1 - Please indicate which of the following statements describes the level of
regulation you feel provides an appropriate balance between clarity and simplicity on
one hand, and prescription on the other, with a view to maximising consumer
protection. (tick one box)


-A short set of principles, supported by extensive guidance which interprets our expectations for different service types
-A shortened set of rules, more principles-based, supported by guidance which is more frequently reviewed and updated
-The same balance between principles and prescription as in the 11th Code
-Slightly more prescription than at present in order to provide greater clarity within the Code itself
-A significantly greater level of prescription, with a longer Code and less interpretative guidance as a result

• Q2 - Please indicate whether you believe an appropriate balance between clarity and
prescription is best provided by a single Code of Practice, or multiple codes. (tick one
box)

Single Code
Multiple Codes

(...)


In the survey form please complete the following questions:

• Q3 - Please indicate which of the following parties in the value chain you believe
should be responsible for breaches of the Code pertaining directly to phone-paid
services. (tick as many boxes as applicable)

Network Operators
Service Providers
Resellers
Information Providers
Sub-contracted Information Providers
Publishers (either print or web)



• Q4 - Please indicate which of the following parties in the value chain you believe
should have some form of codified due diligence responsibility for the parties they
contract with. (tick as many boxes as applicable)

Network Operators
Service Providers
Resellers
Information Providers
Sub-contracted Information Providers
Publishers (either print or web)

(...)
• Q5 – Please indicate which of the following statements best describes the most
effective use of prior permissions if consumer harm is to be pre-empted and
prevented.

No use of prior permissions, with consumer harm prevented by clarity arising from a more prescriptive Code
Less use of prior permissions than at present
Same level of use as in the current Code
Greater use of prior permissions than at present, with persistent offenders required to seek prior permission for some or all of their services for a specified time
All services and service providers subject to prior permission
(...)

• Q6 - Please indicate in the space below any sanctions or incentives which you feel
would increase compliance in provision of phone-paid services.



Question 7


Please use the space below if you have any other comments on the 11th Code that have not been addressed in the previous questions. Please include any evidence you have in support of your views.

If you wish to provide further documents, please email them to Mark Collins at mcollins(at)phonepayplus.org.uk.

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