WhatsApp says GovChat & #LetsTalk violated terms of service

Social media company WhatsApp said GovChat and #LetsTalk, a technology start-up that connects government and citizens, to the WhatsApp Business Application violated its terms of service, which prompted their decision to remove them from their platform.

The company accused GovChat of signing up organizations to the social media platform without going through their on-boarding process, which is required for all organisations who wish to use the service.

The Facebook owned company responded to the Competition Commissions claims of anti-competitive behaviour on Wednesday, saying its conduct has been entirely consistent with the provisions of the Competition Act and is simply looking to apply its terms and conditions fairly.

The commission on Monday said it had referred social media giant Meta Platforms, previously known as Facebook, and its subsidiaries, WhatsApp and Facebook South Africa, to the Competition Tribunal for abuse of dominance.

It alleged that Facebook, around July 2020, expressed an ongoing intention to offboard GovChat and #LetsTalk from the WhatsApp Business Application.

The commission also alleged that Facebook had imposed selectively enforced exclusionary terms and conditions regulating access to WhatsApp Business, mainly restrictions on the use of data.

In a statement to The Citizen, a WhatsApp spokesperson said the platform helps to provide people with important information from trusted sources, and are aware of the role the service plays in connecting South African citizens with Government.

“That’s why we want to work with GovChat in compliance with internationally recognised regulatory standards to provide this service. However, GovChat has repeatedly refused to comply with our policies which are designed to protect citizens and their information, preferring to prioritise its own commercial interests over the public.”

WhatsApp said there is no evidence whatsoever to suggest that the social media platform had tried to exclude any firm from the market or engaged in anticompetitive conduct.

The social media platform said while GovChat is a private, for-profit company, operating in a highly competitive market, it knowingly provides messaging services which do not comply with the WhatsApp Terms of Service which the company emphasised are designed to protect users and businesses from fraud and abuse.

WhatsApp said it will defend its right to take all reasonable steps to protect its proprietary WhatsApp Business API and the interests of users across the world.

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