Monthly Archives: June 2011

Trade Descriptions Bill 2011

The Malaysian Government has introduced the Trade Descriptions Bill 2011 (“Bill”) which will repeal the Trade Descriptions Act 1972 (“1972 Act”). The Bill is enacted to reform the law on trade description. The purpose of the Bill is to promote good trade practices by prohibiting false trade descriptions and false or misleading statements, conduct and practices in relation to supply of goods and services, thereby protecting the interest of consumers.

The notable differences between the Bill and the 1972 Act are as follow:-

  • Trade Description Orders (“TDO”) is now limited to registered trade marks. The 1972 Act allows trade description orders for common law and registered trade marks (s. 9)
  • The life span of a TDO is now shortened to 1 year unless renewed (s. 9).
  • It is an offence under the Bill to hold a sham contest (s. 20)
  • Defences of personal and domestic use are now available for individuals (s. 23)
  • The Minister is empowered to assign any expressions used in relation to goods or services as having definite meanings. The Minister may by order assign such meanings either to expressions when it is used in the course of trade or business or when it is used in such circumstances as may be specified in the order (ss. 28 and 29). How this section is used is unclear but it is likely to related to the appointment of Jakim as the sole issuer of Halal certification and logo in the country.
  • Tipping off is now an offence (s. 44)
  • Evidence of agent provocateur is admissible (s. 53)
  • Informers can be reward for their role in providing evidence leading to the conviction. Reward will be from payment of any part of the fine (s. 66)

Download: Trade Descriptions Bill 2011

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New Department To Oversee Implementation Of Malaysian Personal Data Protection Act 2010

KUALA LUMPUR, June 20 (Bernama) — A new department is being established under the Information Communication and Culture Ministry to oversee the implementation of the Malaysian Personal Data Protection Act 2010, scheduled to be enforced early next year.

Deputy Minister Datuk Joseph Salang said the new department was targeted to be operational by next year or earlier.

“As you know, to establish the department, we need to do everything right and this will take time,” he told a press conference after the launch of the Information Security Summit 2011, here, today.

He said there was an urgent need for the government to establish personal data protection laws as there were a total of 17 million Internet users in the country.

“More than 58 per cent household broadband penetration is also a factor for drawing up the Malaysian Personal Data Protection Act 2010.

“Prior to the implementation of this Act, personal data is only bound by contractual agreement or common law.”

Salang said the implementation of the Act would significantly alter the way personal data is collected, processed, stored and transmitted between individuals and commercial organisations in Malaysia.

“The givers will be able to dictate how their data is being used by a third party, as well as have clearly defined rights to access and correct their personal data.

“I admit that our digital infrastructure is still in its infancy and years behind the more mature infrastructure of digital goliaths such as the United States.

“But our digital infrastructure has a sound foundation through the establishment of the Multimedia Super Corridor (MSC) and is reinforced by the commitment of the government to continually improve and upgrade our system through cooperation and smart partnership with the private sector,” he added.

About 140 participants from the government and private sector, government-linked companies and embassies are attending the two-day Information Security Summit from today.

It addresses the key issues and challenges in information security faced by organisations across the industry, namely to integrate security into an effective IT risk management framework, build a security strategy to manage network security, data protection and leakage, and understanding the implications and guidelines to comply with the Privacy Data Protection Act 2010.

— BERNAMA

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Filing a Complaint with the MCMC

Posting offending messages on the internet is longer a trivial thing nowadays. Many internet users are now aware of their remedy when facing with offensive messages on the internet.

Bank Employee Charged With Posting Obscene Blog Title

KUALA LUMPUR, July 6 (Bernama) — A former EON Bank Berhad employee pleaded not guilty in the Sessions Court here Monday over the posting of an obscene blog title to embarrass his former boss.

Seah Boon Khim, 26, was accused of posting a vile and indecent material on a blog site http://www.xanga.com/hokongchan67 with intent to annoy Eon Bank Internal Audit Department head Ho Kong Chan at 1.33pm on Aug 13 2007 at 19 A-26-3 Level 6, UOA Centre 19, Jalan Pinang here.

He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 which carries fine up to RM50,000 or jail up to one year or both.

In mitigation, Seah, who has since resigned from his job, said he had apologised to Ho and admitted that he did not realised the gravity of his action and he should not have done it.

Malaysian Communications and Multimedia Commission prosecuting officer Raja Iskandar Zulkharnian Raja Abdul Malek appeared for the prosecution.

Judge Zaki Abdul Wahab postponed sentencing until tomorrow.

— BERNAMA

Mr Seah was reportedly fined RM8,000.

S. 233 of the Communications and Multimedia Act 1998 provides the following:

233. Improper use of network facilities or network service, etc.

(1) A person who-

(a) by means of any network facilities or network service or applications service knowingly-

(ii) initiates the transmission of,

any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or

(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address,

commits an offence.

(2) A person who knowingly-

(a) by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or

(b) permits a network service or applications service under the person’s control to be used for an activity described in paragraph (a),

commits an offence.

(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.

This section would also apply to offensive comments posted by readers of a blog. Bloggers now have an avenue to complain without incurring substantial legal fees. Watch out internet trolls!

A complainant may filed their complaint with the Malaysian Communications and Multimedia Commission(MCMC).

I thought it would be beneficial to set out a sample complaint for the benefit of other bloggers. This may be in a form of a letter.

On [time on date e.g 12:30am GMT +8 on 31 February 2009], one [person e.g. bb_matik] made an [choose one or more: indecent/obscene/false/menacing/offensive] posting on my blog, [your blog address e.g. www.xes.cx], at the URL [URL which contains the said posting e.g. www.xes.cx/123.htm] using the IP address at [IP address e.g 192.168.1.1]. [Optional. Please note that there is 1000 characters limited] For ease of reference, I reproduce the offending posting:

[reproduce offending message here.

 

]

The above posting is [choose one or more: indecent/obscene/false/menacing/offensive] and I verily believe that the said posting was made with [choose one or more: intent to annoy/ abuse/threaten/harass] me. The said posting has caused [choose one: annoyance/fear/embarrassment] to me.

Thus, I hope that the MCMC will take action against the person who posted the said posting.

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