E-Consumer Protection in a Contract for the Sale of Goods: A Malaysian Perspective (original) (raw)
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A few decades ago, the internet was only known to a handful of people who had an interest in the world of technology, especially computers. However, with the increasing years and times, people's interest in the internet is growing rapidly, and the internet has even become an inseparable part of their lives. Now, the internet is not only for entertainment and information; it has even been used as a medium of business and trade known as Electronic Commerce (E-Commerce). E-commerce is buying and selling carried out via the internet, which can benefit consumers. Still, on the other hand, sometimes it is detrimental to consumers because they often do not get the protection that provides certainty in a dispute. In an ecommerce business transaction, which is a characteristic of business-to-business transactions where business actors conduct transactions with fellow entrepreneurs, business-to-consumer transactions are carried out by business actors with consumers themselves. The benefits of ecommerce transactions for consumers include that consumers can make transactions for 24 hours without leaving their houses and do not require transportation for selling costs. Consumer protection for e-commerce is regulated by Law Number 8 of 1999, concerning consumer protection for online transactions, or e-commerce. In the Trade Law, the regulated E-commerce trading system stipulates that every person or business entity that trades goods or services must provide complete and correct data and information.
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Online shopping has shaped a new trend of getting consumer goods and services during the pandemic. However, online shopping has also recorded an increasing number of consumer complaints. Hence, this paper explores the legislative approach of consumer protection laws in protecting consumers in online transactions using a content analysis approach. The relevant provisions of several laws, including the Malaysian Consumer Protection Act, were analysed based on the current development to highlight online consumers' legal protection. Additionally, a questionnaire survey was carried out among 400 respondents in the higher education institutions in the four zones of Peninsular Malaysia using systematic random sampling to determine the level of consumer self-protection practices in online shopping. The analysis of the laws revealed that the current consumer protection laws were inadequate in giving comprehensive protection for online consumers. The survey results demonstrate that while the overall findings show that consumers have high self-protection practices, the preventive measures and consumer redress dimension must be seriously considered since this dimension showed the lowest mean score. Therefore, the relevant ministry and NGOs should increase advocacy programs to motivate consumers to utilize the right to redress, and become empowered consumers to exercise self-protection practices.