The following table of suggested fines is intended as a guideline for the independent adjudicator during adjudication of an ISPA Code of Conduct complaint. It is not intended as a prescribed sanction, nor is it an indication that an adjudicated complaint will result in the sanctions or fines suggested below. Fines are only one of the possible sanctions available to adjudicators, and it is not obligatory for an adjudicator to impose a fine for a specific breach.
Please note: all income from fines is used for ISPA’s Teachers’ Training program.
| # | Clause | Minimum fine per offense | Maximum fine per offense | Notes |
|---|---|---|---|---|
| 1 | Freedom of Expression | R 0.00 | Unlimited | |
| 2 | Privacy | R 0 | Unlimited | |
| 3 | Confidentiality | R 1,000.00 | R24,000.00 | |
| 4 | Contact Details | R 2,000.00 | Minimum x no. of months in breach | |
| 5 | Inform Customers | R 2,000.00 | Minimum x no. of months in breach | |
| 6 | AUP | R 2,000.00 | Minimum x no. of months in breach | |
| 7 | Fair | R 0.00 | R24,000.00 | Refund also recommended where applicable |
| 8 | Service Levels | R 0.00 | Unlimited | |
| 9 | Advertising | R 0.00 | R 6,000.00 | |
| 10 | T & C displayed | R 2,000.00 | Minimum x no. of months in breach | |
| 11 | T & C Clauses | R 2,000.00 | Minimum x no. of months in breach | |
| 12 | Remove Content | R 2,000.00 | Minimum x no. of months in breach | |
| 13 | Suspend or Terminate | R 2,000.00 | Minimum x no. of months in breach | |
| 14 | Spam | R 2,000.00 | R24,000.00 | |
| 15 | Spam complaints | R 2,000.00 | R12,000.00 | |
| 16 | Cyber Crime | R 0.00 | R12,000.00 | |
| 17 | Minors | R 2,000.00 | R12,000.00 | |
| 18 | Filtering software | R 2,000.00 | Minimum x no. of months in breach | |
| 19 | Lawful Conduct | R 0 | Unlimited | |
| 20 | Intellectual Property | R 0.00 | R12,000.00 | |
| 21 | Abide by Code | R 0.00 | Unlimited | |
| 22 | No Monitor but take action | R 0.00 | R12,000.00 | |
| 23 | knowingly host | R 0.00 | R 2,000.00 | |
| 24 | Suspend or Terminate | R 2,000.00 | R12,000.00 | |
| 25 | Notice & Takedown | R 2,000.00 | Minimum x no. of months in breach | |
| 26 | Report to ISPA | R 2,000.00 | R12,000.00 | |
| 27 | Keep Records | R 0.00 | R12,000.00 | |
| 28 | Standards | R 0.00 | R12,000.00 | |
| 29 | Complaints | R 0.00 | R12,000.00 | |
| 30 | Resolve complaints | R 0.00 | R24,000.00 | |
| 31 | Cooperate with ISPA | R 0.00 | R24,000.00 | |
| 32 | Annual Statement | R 2,000.00 | R12,000.00 | |
| 33 | Audit | Not applicable | Not applicable | |
| 34 | Investigate | Not applicable | Not applicable | |
| 35 | Make changes | Not applicable | Not applicable |