​Statement of the situation or prob​​lem

• 1.1 In the context of increasing convergence and the advent of advanced communication technologies, consumer protection remains a highly relevant subject and a moving target. The telecommunication/ICT sector is dynamic and technology and business models keep changing, giving rise to new consumer-protection issues. Further, Member States are at various stages of telecommunication/ICT penetration and adoption of new technologies, and policy/regulatory evolution, and accordingly face different challenges making exchange of information and best practices very important.
  
• 1.2 The coronavirus disease (COVID-19) pandemic and widespread use of telecommunications/ICTs, underlines both the importance of digital connectivity, and also the need for sharing of best practices so as to harness the benefits of telecommunications/ICTs while protecting the interests of consumers.
  
• 1.3 Ther​e is a need to promote the responsible use of telecommunications/ICTs as well as ways of fostering consumer trust in new technologies while protecting competition and innovation.
  
• 1.4 Member States must prepare for improved collaborative regulation. Consumer protection is an important policy aspect of telecommunications/ICTs. Various models of policy and regulation, including better self-regulation by service providers and co-regulation, need to be explored.
  
• 1.5 Consumer protection is necessary to foster consumer trust, which in turn would encourage the continued uptake of new technologies in a manner that is safe, secure and respects consumer rights. The protection of vulnerable users such as new users, especially those from economically disadvantaged populations, women, children, the elderly and persons with disabilities, must be given special attention.
  

  Question o​​r issue for study

• 2.1 The Question will continue to cover the topics in the scope of possible revision of the Question 6/1 Final Report for the ITU-D study period 2018-2022, and new topics targeted at new deliverables for the ITU-D study period 2022-2025, as appropriate.
  
• 2.2 Studies under the Question will focus on the issues set out below:
  
• 2.2.1 Telecommunication/ICT policy and regulation being adopted for consumer protection by NRAs and other national, regional and international organizations to enable digital transformation, while balancing the interests of all stakeholders, including consumers and service providers. This would include institutional and regulatory mechanisms to promote cross-sectoral and cross-border collaboration along with revisiting policy and regulatory approaches, such as co-regulation and self-regulation. In particular it would include:
  (i) Methods and tools to protect consumers from unsolicited commercial communications, online fraud and the misuse of personally identifiable information as an integral part of telecommunication/ICT policy.
  (ii) Information sharing about policy frameworks to protect consumers, promote competition and innovation, enhance customer care, with the advent of new and emerging telecommunication/ICT technologies such as the Internet of Things (IoT), and ensure that the frameworks facilitate online communications and transactions.
  
• 2.2.2 Organizational methods and strategies being developed by public consumer-protection agencies with regard to institutional/legal and regulatory mechanisms to tackle new challenges arising from rapid uptake of new telecommunication/ICT services, including setting up of institutions, such as consumer education centres, dedicated consumer complaint-handling centres or commissions, and dedicated consumer complaint resolution mechanisms to protect consumers effectively.
  
• 2.2.3 Best practices to ensure that policies and regulations for consumer protection in telecommunications/ICTs are sustainable instruments of protection. This includes being:
  (i) Based on consultation and collaboration, balancing the expectations, ideas and expertise of all market stakeholders and players, including academia, industry, civil society, consumer associations, data scientists, end users and relevant government agencies from different sectors.
  (ii) Evidence-based, since evidence is critical for creating a sound understanding of the issues at stake and identifying the options going forward as well as assessing their impact.
  (iii) Outcome-based, in order to address the most pressing issues, such as market barriers and enabling synergies. Policy and regulation responses to new telecommunication/ICT technologies should be grounded in the impact on consumers, societies and market players.
  (iv) Incentive-based, rewarding players who uphold consumer protection.
  
• 2.2.4 Institutional and policy/regulatory mechanisms/means put in place by Member States and regulators in the telecommunication/ICT sector, so that operators/service providers publish transparent, comparable, adequate, up-to-date information on, inter alia, prices, tariffs, expenses and terms of service, including protection of personal information and contract termination, and accessing and updating telecommunication/ICT services, in order to keep consumers informed and to develop clear and simple offers, as well as best practices for consumer education. This includes:
  (i) Availability of tools to test the actual speed of users' connection and best practices about consumer-protection measures related to the mandate, if applicable, of quality of service provided and communicated by telecommunication/ICT operators/service providers.
  (ii) Any transparency requirements for traffic management and zero-rating practices of telecommunication/ICT operators/service providers.
  (iii) Transparency about main forms of billing, including third-party payments such as direct carrier billing, premium-rate services, mobile payment etc. and consumer protection measures in place about third-party charges in telecommunication/ICT services bills.
  
• 2.2.5 Mechanisms/means implemented by the policy-makers and/or regulators themselves to keep consumers and users informed about the basic features, quality, security, measures to protect personal information, and rates of the various services being offered by the operators, including platforms to enable them to know and exercise their rights, to use the services properly, and to make informed decisions when contracting services.
  
• 2.2.6 Specific legal, economic and financial measures adopted by national authorities in the interests of protection of specific categories of telecommunication/ICT users (new users, especially those from economically disadvantaged communities, the elderly, persons with disabilities, women and children). This should include mechanisms to promote the creation of useful information and practical tools to be used for promoting consumer awareness to better enable consumer protection, including surrounding the use of new technologies.
  
• 2.2.7 Mechanisms/means implemented by policy-makers and regulators and operators/service providers to incentivize self-regulation or co-regulation that promotes confidence among all the actors involved, especially the consumer.
  
• ​2.2.8 Means that may be adopted to foster effective consumer protection, cooperation and information exchange among policy-makers and regulators.

  Expected ​output​

• a) A report to Member States and Sector Members, consumer-protection organizations, operators and service providers, setting out guidelines and best practices for consumer protection in the provision of all telecommunication/ICT services, to include:
  (i) Guidelines on increasing consumer awareness.
  (ii) Best practices on collaboration and consultation to promote multistakeholder input on policies and regulations for consumer protection.
  (iii) Guidelines and information-sharing about policy frameworks that protect consumers, promote competition and innovation, and enhance customer care, with the advent of new and emerging telecommunication/ICT technologies such as the Internet of Things (IoT).
  
• ​b) Organization of seminars and workshops on the above topics related to consumer protection.