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CAPE TOWN — The resolution of disputes over internet domain names has become institutionalised with the promulgation yesterday of regulations by Communications Minister Ivy Matsepe-Casaburri.


A system to resolve disputes around .za names is necessary as domain names are important vehicles for corporate promotions, advertising and marketing.


The lack of dispute resolution regulations had been cited as hampering e-commerce, said communications department spokesman Albi Modise.

Aggrieved parties had had no alternative but to litigate at high cost in court to get a domain name back.


The rules were developed in consultation with the trade and industry department and will apply at this stage only to domain names registered at the co.za level.

The draft regulations were first issued for public comment under the Electronic Communications and Transactions Act last year.

It set out the procedures for dealing with disputes over domain names and covers areas such as intellectual property rights, and commercial, cultural, linguistic, religious and personal rights in relation to domain names which are protected under South African law. The regulations provide for the accreditation of domain name dispute resolution service providers by the .za Domain Name Authority (.zaDNA). These accredited bodies will select adjudicators to decide on disputes. Complainants will be entitled to request a dispute resolution where they can prove that they have rights to a name or mark that is identical or similar to a domain name that was registered by someone else. It also allows for the resolution of disputes over domain names that constitute abusive or offensive registrations.

The “abusive registration” of names refers to the acquisition of a domain name in circumstances which take unfair advantage of, or are detrimental to, the complainant’s rights. An “offensive registration” refers to a domain name which might not be illegal, but which is considered offensive to any class of persons.

The regulations also make provision for “reverse domain name hijacking” which means using the regulations in bad faith to attempt to deprive a registrant of a domain name.