TRIBUNAL ISSUES “ORDER FOR INTERIM ARRANGEMENT” IN GOVCHAT, WHATSAPP AND FACEBOOK MATTER
The Tribunal has issued an order which regulates the arrangements between GovChat, WhatsApp and Facebook from now until the Tribunal issues its decision in GovChat’s interim relief application against WhatsApp and Facebook (“the interim period”).
The Tribunal issued the order because the parties were unable to agree on arrangements amongst themselves during this interim period. The Tribunal order provides that:
- WhatsApp and Facebook may not remove (“off-board”) GovChat from the WhatsApp platform;
- WhatsApp and Facebook may not do anything to undermine GovChat’s relationship with its clients that would, in effect, off-board GovChat from the WhatsApp platform;
- GovChat may not add (“on-board”) any new clients or users to the WhatsApp Business Account; and
- In relation to existing clients or users on the WhatsApp Business Account, GovChat will not be able to expand their current service offering.
Background
GovChat and #Let’sTalk recently brought an urgent application to the Tribunal for interim relief against Facebook Inc., WhatsApp Inc., and Facebook South Africa (Pty) Ltd.
GovChat asked the Tribunal to interdict and restrain the respondents from removing (“off-boarding”) it from the WhatsApp platform pending either the outcome of the Competition Commission’s investigation into GovChat’s complaint against the respondents, or for a period of six months (whichever occurs first).
This followed threats by the respondents to remove GovChat from the WhatsApp platform due to an alleged violation of the contractual terms of use.
A virtual (online) hearing was held on 13 and 18 January 2021. The Tribunal’s order in relation to the interim relief application will be issued in due course.
Issued by:
Gillian de Gouveia, Communications Officer
On behalf of the Competition Tribunal of South Africa
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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