The Competition Tribunal has restrained WhatsApp and Facebook from removing the government’s digital communication platform from the WhatsApp platform, notes BusinessLIVE.

In January, GovChat asked the tribunal to have Facebook interdicted from removing it from the WhatsApp platform that charges a fee to business and government clients for contacting customers or citizens.

At the heart of the dispute is Facebook’s allegations that GovChat is in violation of its contract terms of use because when it signed up its digital communication programme to the WhatsApp Business app it pledged to use the service to monitor and evaluate service delivery, response time, failures, success and corruption in real time.

However, after the Covid-19 outbreak, the government used GovChat to convey awareness messages, symptom-tracking notifications and provision of test results. The tribunal says it has not concluded whether WhatsApp and Facebook have contravened the Competition Act, but has found sufficient evidence that the applicants have a case that they should be granted interim relief while their complaint against Facebook is being investigated by the Competition Commission.

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WhatsApp has said it is disappointed by the competition authority decision, notes a Business Day report.

A spokesperson for WhatsApp said: ‘We’re disappointed the tribunal did not permit us to offboard GovChat at this stage, but grateful that its findings – which include imposing restrictions on GovChat’s operations – will continue to defend WhatsApp from abuse and protect our users.’

The Facebook-owned group said that it works with more than 100 governments and NGOs all over the world, including the SA Government, to provide Covid information to citizens and launch official coronavirus chatbots.

‘GovChat repeatedly refused to comply with WhatsApp’s terms of service and refused our offers of help to become compliant,’ said WhatsApp.

However, GovChat said that it regards the ruling ‘as a victory for the citizens of SA, who can now continue to engage directly with the government’ through the existing functionalities on GovChat’s WhatsApp line'.

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