ISPA's 235 members are governed by the ISPA Code of Conduct.
See the complete list of members.
Follow ISPA:
Suggested Fines
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.
| # | Clause in Code v3.1 | Minimum fine per offense | Maximum fine per offense | Notes |
|---|---|---|---|---|
| A1 | Applicability to services | Not applicable | Not applicable | |
| A2 | Applicability to divisions | Not applicable | Not applicable | |
| B3 | Freedom of Expression | R 0.00 | R42,000.00 | |
| C4 | Privacy | R 0.00 | R42,000.00 | |
| C5 | Confidentiality | R 1,750.00 | R42,000.00 | |
| D6 | Information on websites | R 3,500.00 | Minimum x no. of months in breach |
Maximum of six months
|
| E7 | Informing customers | R 3,500.00 | Minimum x no. of months in breach |
Maximum of six months
|
| E8 | Acceptable/fair use | R 3,500.00 | Minimum x no. of months in breach |
Maximum of six months
|
| E9 | Requires policies | R 3,500.00 | R24,000.00 |
Maximum of six months
|
| E10 | Fair dealing | R 0.00 | R42,000.00 |
Refund also recommended where applicable
|
| E11 | Service levels | R 0.00 | R42,000.00 | |
| E12 | Advertising standards | R 0.00 | R10,500.00 | |
| F13 | Availability of Ts&Cs | R 3,500.00 | Minimum x no. of months in breach |
Maximum of six months
|
| F14 | Right to remove content | R 3,500.00 | Minimum x no. of months in breach |
Maximum of six months
|
| F15 | Suspend or Terminate | R 3,500.00 | Minimum x no. of months in breach |
Maximum of six months
|
| G16 | Spam | R 3,500.00 | R42,000.00 | |
| G17 | Spam complaints | R 3,500.00 | R21,000.00 | |
| H18 | Cybercrime | R 0.00 | R21,000.00 | |
| I19 | Paid services to minors | R 3,500.00 | R21,000.00 | |
| I20 | Filtering software | R 3,500.00 | Minimum x no. of months in breach |
Maximum of six months
|
| I21 | Court directive processes | R 0.00 | R21,000.00 |
No fine previously set for this clause
|
| I22 | FPB Act processes | R 0.00 | R21,000.00 |
No fine previously set for this clause
|
| J23 | Lawful conduct | R 0.00 | R42,000.00 | |
| J24 | Intellectual property | R 0.00 | R21,000.00 | |
| J25 | Abide by Code | R 0.00 | R42,000.00 | |
| K26 | No monitoring | R 0.00 | R21,000.00 | |
| K27 | Must not knowingly host | R 0.00 | R 3,500.00 | |
| K28 | Suspend or terminate | R 3,500.00 | R21,000.00 | |
| K29 | Notice & takedown | R 3,500.00 | Minimum x no. of months in breach |
Maximum of six months
|
| K30 | Report to ISPA | R 3,500.00 | R21,000.00 | |
| K31 | Keep records | R 0.00 | R21,000.00 | |
| L32 | Voluntary codes | R 0.00 | R21,000.00 |
No fine previously set for this clause
|
| M33 | Complaints | R 0.00 | R21,000.00 | |
| M34 | Resolve complaints | R 0.00 | R42,000.00 | |
| M35 | Cooperate with ISPA | R 0.00 | R42,000.00 | |
| M36 | Annual Statement | R 3,500.00 | R21,000.00 | |
| M37 | Audit | Not applicable | Not applicable | |
| M38 | Investigate | Not applicable | Not applicable | |
| N39 | Make changes | Not applicable | Not applicable |
