Johannesburg — NEW rules to crack down on the hijacking of internet domain names have been drafted by the communications department.

Companies whose names are registered as internet addresses by third parties will be able to invoke arbitration to end unauthorised use of the address - as long as the address ends with the .za suffix.

The planned rules will not have any international standing, but will resolve local disputes so companies no longer have to resort to costly legal action or international arbitration. The proposed arbitration fee is R10000 with a decision promised in about 55 days.

The rules were drafted with guidance from legal experts at Bowman Gilfillan, who have successfully prosecuted "cybersquatters" holding the names Nandos.com and Sanlam.com to ransom.

By far the majority of cybersquatting took place on the .com domain space, but country-specific cases were increasing as cybersquatters realised that most people looking for a web address type in the local version, Bowman Gilfillan director Neil Dundas said.

The arbitration will be carried out by bodies experienced in dispute resolution, Dundas said.

Complaints can be brought against cybersquatters who take advantage of a complainant's rights by unfairly registering a name such a trademark. Cases can also be brought against offensive names which advocate hatred based on race, ethnicity, gender or religion.

Dundas said the local rules have been developed with the layman in mind and legal representation would not be a prerequisite.

In addition, much of the resolution process would be conducted over the internet.

The arbitration will apply no matter where a cybersquatter is based, and the adjudicators can order them to transfer the ownership of the domain name to the complainant. The arbitrator can also order the deletion and prohibition of a domain name that is found to be offensive.

Most cybersquatting is carried out with the intention of making money, when individuals register website addresses before a person or a company with a more legitimate claim to the domain space wakes up to its potential as an advertising and marketing presence.