THE TANGO OF POP-UP MESSAGES

Tango is meant to be all fun, it is a celebration of two people to what an occasion or because of the relationship that is present at hand.

As rightly put by Peter Drury when Argentina won the World Cup, 2022 in Qatar:

“Montiel… Argentina, champions of the world. Again. At last. And the nation will tango all night long. 36 years ago since Maradona and Mexico, here finally is a nation’s new throng of immortals. Scaloni will be fated, Messi will be sainted,”

In Tango all the parties should enjoy to the dance, laugh to the experience and be in a moment of happiness in their hearts.

Or else it would turn to a confusion state as seen in any dance that is done by anybody in front of other people. When such a scenario occurs then what is all left is to go back to the drawing board, return back to the teacher, who will then usher them to a new world of belonging. A teacher here can mean a person of authority in the tango business, one who knows the terrain of it all nicely.

A customer walks into a store and buys a SIM Card thereby creating a relationship between they and the network service providers. These are the tango players, their relationship is one of mutual co-operation and each enjoy benefits from the other to the fullest. On one hand, one provides communication services, a wide range- from SMS services, internet roaming services, voicemail, phone calling services to even mobile-money transactions.

The teacher here, or the person of authority is the Communication Authority that ensures the playing field is equal, services are rendered well, without undue competition strategies by the various network service providers and that also the customer is protected.

As well defined by Nikita Korchevskyi on what pop up messages are: it is what instantly comes up to one’s screen when browsing or scrolling something, thereby stopping what the user of the device is using. The purpose for the pop-up message is for promotional purposes, communicate a message, perhaps maybe it is a new entrant service into the market and also sometimes it is to captivate a person maybe because it is an offer.

The importance of such pop up messages to a network service provider is that it increases conversion rates as it creates an urgency thereby leading to leads of people opting in into that service that is being rendered. Similarly, it educates on a new offer thereby capturing the customer’s attention with a need to subscribe to such offers at hand.

Though that may be it, pop messages as it is from Network Services can be rather annoying. One might be doing their other thing. Maybe reading a book from their device, maybe they are reading or chatting through an SMS text or a WhatsApp inbox or they are watching a video-might be educative or entertaining or something else, to even in the near process of making a phone call.

You see in all these two scenarios, the tango dance between the network service provider and the customer is not matching, some moves are not aligning and the dance is not uniform, there is no tranquility. It calls for a rest, going back to the drawing board and examining each other with an intention to make the tango much exciting to each of the party.

The teacher comes in, the Communication Authority. They might call it in themselves or one of the party here being the consumer might complain and say, “No, teacher, they are playing tango wrongly, why don’t you teach them again, you know a remedial class, perhaps even teach them the flamenco.”

The Communication Authority is in charge of ensuring consumer protection, and as defined by the Communication Authority on what Consumer protection is. This is as found in one of their publication titled: The Role of Communication Authority in Consumer Education and Protection. That is:

Consumer protection is based on the concept that the consumer must be protected from undesirable and unfair trading practices…”

The consumer can make a complaint, first to the network service provider and if nothing is done then they will head to the Communication Authority.

From the definition of what consumer protection is, our argument to base from by the customer is on the ground of undesirable. This is why… Though this is a 50/50 argument, a matter which if it goes to court, the court will decide on where to lay ground on or stand at.

On what undesirable means, we will look to the Content Service Provider License, Condition 1:1, where there, undesirable is defined to as something which is unlawful. Unlawful also but include any acts whose intention is to limit the fundamental rights of another person.

The rights that are in clash here, between the consumer and network service provider is the right to property and the right to consumer rights.

On the right to property we will say that the devices where the pop up messages comes upon is personal property and one should enjoy it as they deem fit. When a pop up message stops enjoyment of such a personal property it becomes a disturbance, thus then there is a breach of a fundamental right as it is.

That may be it, but again on the right to consumer rights, as one of the grounds to such enjoyment of the right is that consumers have the right to information necessary for them to gain full benefit from goods and services. What the network service provider is doing with pop up messages is such ensuring the consumer is told about the services they provide, they are providing information for better services.

Conflicting rights you see, and this can only be limited according to Article 24 of the Constitution of Kenya, 2010. Whereby the limitation ought to be reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into consideration the relevant factors like the nature of the right and fundamental freedom, the importance of the purpose of the limitation, the nature and extent of the limitation, the need to ensure enjoyment of the right and the relation between the limitation and its purpose and whether there are lesser means of restriction to achieve success.

At the end of the day, who that will decide on the tango played is the judge on the competition panel or the audience, but all in all, in whatever circumstances, they are a judge.

REFERENCES

  1. Nikita Korschevskyi, “12 popup message examples & useful tips, “ <https://claspo.io/blog/how-to-create-an-effective-pop-up-message/#:~:text=A%20popup%20message%20is%20an,a%20concise%20and%20powerful%20way. > accessed on 13th February 2024.
  • Communication Authority, “The Role of CA in Consumer Education and Protection,” 2020.
  • Modified Content Service Provider (CSP) License, 2015.
  • Article 24, Article 40, Article 46 : of the Constitution of Kenya, 2010.

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