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NEWS MESSAGING SERVICES USE GROWS ‘SIGNIFICANTLY’ ANew research from the ACCC explores Australia’s use of online private messaging services during Covid-19, and its resulting impact on consumers and businesses. ustralians are increasingly impacts on competition and consumer turning to online private choice need to be closely monitored messaging services to keep and considered.” in touch with each other, says The ACCC remains concerned about the ACCC, and are “overwhelmingly” scam activity on digital platforms choosing services provided by Facebook and Apple. The ACCC’s first ‘Digital Platform Services Inquiry’ interim report, released last month, shows how the use of online private messaging services has grown “significantly” during the Covid-19 pandemic, as workplaces and schools moved to remote access and people sought alternatives to face-to-face communication. The report examines the use of online private messaging services in Australia, updates previous ACCC findings on social media and search services and identifies competition and consumer issues across digital platforms. Facebook Messenger had an estimated 14.7 million monthly active users in Australia in June 2020, while Facebook- owned WhatsApp had an estimated 8 million monthly active users (Nielsen Digital Content Ratings, Monthly Total, June 2020, P13+, PC, Smartphone, Tablet, Unique Audience). ACCC Chair Rod Sims says Australians have embraced the use of online private messaging apps, especially during the Covid-19 pandemic. “Many Australian consumers use a range of messaging services during the day,” he said. “Consumers commonly choose to use the biggest providers in part because their friends, family, colleagues and acquaintances are also more likely to use them, and because most online messaging services don’t allow consumers to send or receive messages to users of different services. “This means the big players have a significant competitive advantage over small entrants.” Research conducted and commissioned by the ACCC for the report shows that many digital platforms, including online private messaging providers and suppliers of advertising services, are able to extensively track users’ activities online and on mobile apps through the use of cookies, software development kits and other technologies. Large platforms and advertising service providers are able to receive a range of user information from Android apps, AppCensus research commissioned by the ACCC shows. The ACCC also examined the terms and policies of online private messaging services, and found most included broad statements allowing for the collection of extensive information about users, but provide little clarity about how a user’s data would be collected, used, or shared with others. In addition, the ACCC considered that emerging technologies, such as voice activated devices and augmented and virtual reality services, will likely provide the platforms with even greater ability to collect data on consumers. “As large platforms continue to collect vast amounts of consumer information, they are also expanding into new sectors, growing their ‘ecosystems’ and with it, their market power and ability to draw in, and lock in, consumers,” Mr Sims said. “These expanded services can deliver benefits to consumers, but the including on messaging services, finding that reports of scams on platforms have been increasing and a number relate to known celebrity scams or lotto frauds, some of which have been continuing in a similar form for many years. Separately, ACCC research found that consumers using Google Search on a mobile device are more likely to be shown an advertisement as the first item than when using Google Search on desktops and laptops for some retail product searches. Given almost half of all visits to Google Search are now from mobile devices, says the ACCC, this difference in display is significant, impacting consumers’ ability to find information that best suits their needs, and the options that small businesses have to reach customers online. The ACCC also found that terms in standard agreements between platforms and businesses, which were seeking to advertise on those platforms often left small businesses at a significant disadvantage and could be unfair. For example, some of these terms gave platforms broad discretion to remove content, suspend or terminate accounts, and vary terms without notice. “We continue to advocate for effective dispute resolution mechanisms to address complaints and disputes between platforms and businesses. This would also benefit consumers who fall victim to scammers using social media or messaging services,” Mr Sims said “We also continue to advocate for a prohibition of unfair contract terms (with penalties applying to their use) and a prohibition of certain unfair trading practices.” The ACCC says that it will continue to monitor platforms and the issues identified over the five year term of the Digital Platforms Services Inquiry, and will also continue to work closely with international competition and consumer agencies to address competition and consumer concerns regarding digital platforms. 12 RETAIL WORLD NOV, 2020