“My information is being accessed by some other people through online.”/ “I got cheated by online scams.”
In this advanced technology era, people can easily access to computer material without one’s permission. According to S 3 (1) of Computer Crimes Act 1997 (CCA), it states that a person shall be guilty of an offence if he accesses to any computer and his access is unauthorized. These people shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both as stated in S 3(3) of CCA. If the person who commits offence under S 3 of CCA with the intent to commit fraud, under S 4(1) and (3) of CCA, such person is guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.
In the situation where a person has dishonestly or fraudulently transmitted any communications or obtains a service provided by a licensed network facilities provider; or designed a system to fraudulently use to obtain any network service is said to commit an offence under S 232(1)(a) and (c) of Communications and Multimedia Act 1998 (CMA). Whoever who commits an offence under S 232 of CMA shall be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both under S 232(3) of CMA.
“I got trapped by online shopping scams.”
In Malaysia, every business or trade must be registered with the Companies Commission of Malaysia (CCM) no later than 30 days from the commencement date of its business according to S 5(1) of the Registration of Business Act 1956 (ROBA). To ensure one from being cheated, one may check the business company in CCM.
S 6(1) of Electronic Commerce Act (ECA) provides that the electronic message would have same legal effect, validity and enforceability as non-electronic message. Therefore, all the offers and acceptance of electronic messages have legal effect as well according to S 7(2) of ECA. Normally, the electronic signature will be presented by providing customers to read the terms and conditions and they would be asked to “tick” if they have read. Sometimes, they will be scams inside the terms and conditions so, one must read it carefully before “ticking”
Since electronic message has legal effect, it is said to be a valid contract. If there is any misrepresentation or fraud during the transaction, the victims may sue the vendor under S 16 and S 17 of Contracts Act 1950 (CA).
If the goods delivered is found to be not tally with the description given by the vendor, S 5(1)(a) of Trade Description Act 2011 provides that (A) if such person is a body corporate shall be liable to a fine not exceeding two hundred and fifty thousand ringgit, and for a second or subsequent offence, to a fine not exceeding five hundred thousand ringgit; or (B) if such person is not a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both. S 19 of CA also allows such contract or transaction to be set aside if the vendor has misrepresented the information of the goods.
S 105(2)(a) of the Consumer Protection Act 1999 requires the details of E-Commerce vendors such as their personal name (or that of their business) and contact details including their email address, telephone number and address on their websites. So, buyers must be aware of that and be wise in having online shopping. If the vendor’s details are absurd, one may choose not to have any business transaction with such vendor, or else, it will lead to unnecessary troubles. One may also opt for cash on delivery in order to purchase safely.