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Author: Tarmizi Anuwar

The special exemption of SpaceX operating in Malaysia is inconsistent with technological neutrality

The Consumer Choice Center (CCC) emphasizes the importance of the government supporting and maintaining technological neutrality as the best mechanism to allow companies to operate and invest in Malaysia.

Representative of the Malaysian Consumer Choice Center, Tarmizi Anuwar said: “The government should have to provide a level playing field for every investor who wants to invest in this country without giving privileges to any party. The special exception of SpaceX being granted a Network Facility and Service Provider (NFP/NSP) license for a period of 10 years with full foreign equity ownership is inconsistent. In general, CCC agrees with the policy of full ownership of foreign equity, but it needs to be a policy that can be used by all parties.”

In addition, Tarmizi commented on the exemption conditions from the Minister for the 49 percent threshold policy for foreign equity on NFP and NSP licensees, sending a signal to potential investors that the government’s policy can change according to the investors they like. 

“The government needs to adopt the principle of technological neutrality in investment policies for all parties fairly. In order to ensure that the country becomes a major investment destination at the regional level and has a high global competitiveness, the policies implemented need to be clear, open and consistent, and not practice favoritism.”

“If soon, other satellite providers such as Amazon’s Project Kuiper, HughesNet or Viasat are able to provide more competitive prices and better services, will the government impose the same exemption? An inconsistent policy will send a message that the government is trying to protect certain investors,” he said.

Commenting on Communications and Digital Minister Fahmi Fadzil’s statement regarding the installation of 10 Starlink kits to Universiti Teknologi Mara (UiTM) in Kuala Pilah, Perak, Tawau and Sarawak to solve their internet problems, Tarmizi thinks the government needs to re-evaluate the priority and main purpose of installing these satellites.

“The main purpose of installing this communication satellite is to bridge the digital divide in rural areas. While all these universities have a fiber network and 5G. This installation is considered irrational because it is installed in educational facilities that already have access to high-speed internet. In addition, the price of Starlink is also much more expensive than fiber.” 

“Hence, the government needs to re-evaluate populated areas that really need and face internet access issues, due to geographical and infrastructure challenges.” he concluded.

Persaingan pasaran baik untuk pengguna

Persaingan pasaran merupakan persaingan antara firma perniagaan atau syarikat yang beroperasi dalam industri yang sama atau menawarkan produk atau perkhidmatan yang serupa.

Hal ini melibatkan usaha pihak syarikat untuk menarik minat pelanggan bagi mencapai kelebihan daya saing dan keuntungan syarikat berbanding syarikat pesaing dalam persaingan yang adil.

Dalam pasaran bebas, persaingan yang adil merupakan syarat utama bagi memastikan perniagaan atau individu mempunyai peluang untuk bersaing secara saksama. Ia bermaksud setiap pihak akan bersaing atas syarat atau undang-undang yang sama tanpa kelebihan atau halangan yang tidak adil seperti undang-undang yang memihak kepada satu pihak.

Baru-baru ini, kedudukan Malaysia dalam World Competitiveness Ranking (WCR) 2023 telah meningkat lima anak tangga kepada 27 berbanding 32 pada tahun sebelumnya. Dalam laporan tersebut Malaysia berjaya menambah baik prestasi dari segi harga, infrastruktur asas dan dasar cukai tetapi kurang baik dari segi perundangan perniagaan, pendidikan dan rangka kerja kemasyarakatan.

Mengulas perkara ini, Tengku Zafrul selaku Menteri Pelaburan, Perdagangan dan Industri (MITI) menyatakan komitmen untuk meningkatkan daya saing global Malaysia kerana prestasi ini mampu memberi pengaruh pelaburan, perdagangan dan pembangunan perindustrian negara.

Selain itu, Perbadanan Produktivi Malaysia (MPC) dalam proses menjalankan kajian mengenai beban kawal selia yang tidak perlu ke atas perniagaan dengan mengurangkan isu dan cabaran yang berkaitan dengan birokrasi kerajaan.

Ini satu usaha yang baik kerana persekitaran yang mesra perniagaan dengan peraturan yang dipermudahkan dan proses yang cekap boleh menarik pelaburan, merangsang pertumbuhan ekonomi dan mewujudkan peluang pekerjaan.

Namun, perkara yang paling utama adalah pengguna mendapat manfaat paling besar daripada pasaran yang lebih kompetitif, yang sering membawa kepada produk yang lebih baik, harga yang lebih rendah dan pilihan yang lebih tinggi.

Persaingan memberi manfaat kepada pengguna dengan memberikan mereka pilihan, memacu inovasi dan membawa kepada kualiti dan nilai yang lebih baik. Mahu tidak mahu, perniagaan terpaksa menawarkan harga yang lebih kompetitif untuk menarik pengguna kerana banyak pilihan dan penawaran di pasaran.

Perkara ini memberi manfaat kepada pengguna dan isi rumah dengan membenarkan mereka membeli barangan dan perkhidmatan pada harga yang lebih berpatutan. Secara tidak langsung meningkatkan kuasa beli mereka.

Sebagai contoh, apabila AirAsia diperkenalkan ia telah berjaya memberi pengguna untuk mendapatkan tiket penerbangan dengan harga yang lebih rendah. Walaupun ada mungkin ada servis yang tidak termasuk seperti makan dan minum tetapi pengguna boleh membuat pilihan dan menaiki kapal terbang untuk sampai ke destinasi dengan harga yang lebih rendah.

Selain itu, persaingan akan memaksa perniagaan berusaha untuk menawarkan produk berkualiti tinggi atau mempunyai ciri-ciri yang unik kepada pengguna. Bagi mencipta produk-produk seperti ini syarikat akan melabur dalam penyelidikan dan pembangunan untuk memacu inovasi dan kemajuan teknologi produk.

Sudah tentu pengguna akan mendapat manfaat daripada pilihan-pilihan produk yang telah dipertingkatkan dan peningkatan nilai untuk wang mereka. Sebagai contoh, sebelum ini kereta menggunakan minyak atau petrol. Dengan penciptaan kereta elektrik penggunaan tenaga jauh lebih cekap dan kos elektrik kenderaan elektrik lebih murah berbanding mengisi petrol atau diesel untuk perjalanan pengguna.

Persaingan juga menggalakkan kedaulatan pengguna dan memperkasakan individu untuk membuat keputusan termaklum. Apabila pengguna membuat pilihan termaklum, mereka dapat mengutamakan keperluan, memahami akibat daripada tindakan dan mencapai kepuasan yang lebih besar dengan pembelian.

Ruangan ulasan di platform perdagangan elektronik seperti Amazon, Ali Baba, Shoppe, Lazada dan banyak lagi telah memperkasa pengguna dalam menilai dan membuat keputusan. Pengguna boleh membaca dan menilai sendiri kualiti sesuatu produk sebelum membuat pembelian. Bukan itu sahaja, pengguna juga mempunyai peluang menyuarakan pengalaman menggunakan produk tersebut, sama ada baik atau sebaliknya.

Secara tidak langsung, peniaga akan lebih bertanggungjawab dalam menyediakan perkhidmatan atau produk yang lebih berkualiti untuk pengguna.

Secara keseluruhan, persaingan pasaran yang adil adalah penting bagi mewujudkan suasana yang kondusif untuk pertumbuhan ekonomi, inovasi dan kebajikan pengguna. Ia juga mampu meningkatkan kecekapan, menyediakan harga yang kompetitif, memperkasa pengguna dan meningkatkan kualiti produk.

Dalam hal ini, pihak kerajaan mesti kekal neutral dan sentiasa berusaha ke arah menambahbaik persekitaran pasaran yang kompetitif agar faedah ini dapat dikecapi oleh pengguna.

Originally published here

Technological neutrality is the best mechanism of cyber security and protects consumer data privacy

KUALA LUMPUR, 26 th June 2023 – The Consumer Choice Center (CCC) emphasizes the
importance of governments supporting and maintaining technological neutrality in putting in
place the best mechanisms for cybersecurity systems and consumer data protection.

Representative of the Malaysian Consumer Choice Center, Tarmizi Anuwar said: “Technology
changes very quickly and faster than amendments or changes in laws. In this regard, laws that
are friendly to innovation and technology or so-called neutral technology need to be prepared so
that healthy competition between private companies becomes the best method of determining
the mechanism in data privacy regulations.”

In addition, Tarmizi commented on the recommendation of the Minister of Communications and
Digital that the private sector makes investments related to aspects of cyber security and data
privacy according to the appropriateness of their respective operational levels which is
considered positive. However, it is necessary to remain consistent and not put an excessive
burden on the private sector.

“The recommendation can be considered good because the enforcement of interoperability
standards can be prepared and implemented by the firm that handles the data, and is not
necessarily determined by law. This will also give space to start-up companies to operate at a
cost that matches their capabilities.”

“Basically, every company has its own interest in protecting the cyber security or privacy data of
their consumers. Excessive legal stipulations such as imposing specific software will cause an
increase in business costs and subsequently increase prices for consumers”, he said.

Explaining Malaysia’s efforts to collaborate with Southeast Asian countries in creating a data
sharing protocol to become a regional data processing hub, he said the government must make
the concept of industry-based data portability as the main standard.

“In order to become a regional data processing hub, the government needs to use industry
standards as the main policy and strategy. This standard is a faster and more efficient way and
is able to coordinate the differences in laws in each country to enforce and regulate portability
over the law.” he concluded.

Parliament’s Health special select committee needs to be independent from MOH’s influence

THE Consumer Choice Centre (CCC) is calling for a clear timeline for the Dewan Rakyat’s Special Select Committee on Health’s (SSCH) to review the Control of Smoking Product for Public Health Bill 2023 to ensure that the process can be done thoroughly and holistically.

The Malaysian CCC chapter representative Tarmizi Anuwar said the authorities need to announce a clear timeline to give room for the SSCH to conduct a detailed and holistic study in preparing a feedback report to the Control of Smoking Product for Public Health Bill 2023.

“It is important to ensure that this committee has adequate time to prepare its report,” he pointed out in media statement.

In the meantime, Tarmizi urged the government to prioritise regulating the vape industry that has long operated in the grey area.

“Regulating the vape industry must be the government’s utmost priority. In the interim, while the SSCH reviews the said Bill, the government can look into expanding existing legislations to include vape,” he suggested.

“This is even more vital now that nicotine has been exempted from the Poisons Act. In the long-run, efforts must be made to distinguish vape from tobacco. These are two very different products and work in completely different manners.”

Read the full text here

The Special Select Committee on Health needs to be independent from the influence of the Ministry of Health

KUALA LUMPUR, 15th June 2023 – The Consumer Choice Center (CCC) is calling for a clear timeline on the Special Select Committee On Health’s process to review the Control of Smoking Product for Public Health Bill 2023 to ensure that the process can be done thoroughly and holistically.

Representative of the Malaysian Consumer Choice Center, Tarmizi Anuwar said: “A clear timeline needs to be announced by the Government to give room for the Special Select Committee on Health to conduct a detailed and holistic study in preparing a feedback report to the Control of Smoking Product for Public Health Bill 2023. It is important to ensure that this committee has adequate time to prepare its report.”

In the meantime, Tarmizi urged the government to prioritise regulating the vape industry that has long operated in the grey area. 

“Regulating the vape industry must be the government’s utmost priority. In the interim, while the Special Select Committee On Health reviews the Control of Smoking Product for Public Health Bill 2023, the government can look into expanding existing legislations to include vape. This is even more vital now that nicotine has been exempted from the Poisons Act.”

“In the long-run, efforts must be made to distinguish vape from tobacco. These are two very different products, and work in completely different manners. While tobacco causes an annual death toll of eight million people each year, vape has been scientifically proven to be 95% less harmful than tobacco and the most effective quit aid,” he said.

Tarmizi has also urged the committee to hold additional engagement sessions with stakeholders who are particularly impacted, particularly consumers. Also involving experts from various fields.

“Based on the regulatory impact statement issued by the New Zealand government, during the Proposal for a Smokefree Aotearoa 2025 Action Plan process, 5,200 people and organizations were involved through face-to-face or written methods. However, the Ministry of Health only conducted about 70 engagement sessions without revealing how many people and organizations were involved”, he said.

“This engagement also needs to involve experts from various fields who are not only limited to one point of view but need to include a variety of opinions because the cigarette problem is a complex problem and requires a comprehensive solution. Among them Tun Zaki who is the former Chief Justice once touched on the issue of individual freedom in the implementation of the generational endgame.”

Elaborating on the role of the Special Select Committee on Health, Tarmizi said the Ministry of Health must ensure that the committee must be free from the influence of the Ministry of Health and have autonomy in carrying out their responsibilities.

“The Ministry needs to ensure that the special select committee has autonomy in carrying out their studies without any interference from the Ministry. This is important to ensure that the members of the committee are able to carry out their responsibilities without any conflict of interest of the Ministry of Health as has happened before.”

New GEG Bill Is Too PROHIBITIVE And NEEDS Further Review

KUALA LUMPUR, 30 th May 2023 – Consumer Choice Center (CCC) urges the Government to reconsider its decision to table the Control of Tobacco Products and Smoking Bill 2022 which includes a generation endgame policy (GEG) in the upcoming Parliament session as further scrutinisation needs to be conducted on this matter that involves consumer preferences. 

GEG too harsh on vendors

Representative of the Malaysian Consumer Choice Center, Tarmizi Anuwar, said: “It is time for the government to stop dictating consumers on what can be done and what cannot be done. All consumers have a fundamental interest in defending personal and civic freedoms. Therefore, they should be given a personal choice to decide what works for them without excessive intervention.” 

“In addition, what consumers need are smart regulations that can protect them rather than restrict them because problems like smoking and vaping are multifaceted.”

Read the full text here 

The government must end spreading myths around vaping to prevent the spread of false information

KUALA LUMPUR, 25th May 2023 – The Consumer Choice Center (CCC) demands that the government must stop issuing myths or false statements about vaping being more dangerous than cigarettes in order to avoid misunderstandings and the spread of inaccurate information to consumers and the public.

Representative of the Malaysian Consumer Choice Center, Tarmizi Anuwar said: “It is time for the government to stop spreading myths or false information about vaping being supposedly more dangerous than cigarettes. Many internationally recognized scientific studies have concluded that switching completely to vaping provides important health benefits as opposed to continuing to smoke.

In September 2022, the latest research from the Institute of Psychiatry, Psychology & Neuroscience (IoPPN) at King’s College London found that the use of vaping products compared to smoking leads to a significant reduction in exposure to toxins that promote cancer, lung disease and cardiovascular disease.

In addition, Tarmizi also said that claims about vaping causing diseases such as EVALI and popcorn lung is completely deceptive as advertised and there needs to be a law based on facts and scientific studies to regulate vaping products immediately.

“So much misleading news are connecting e-cigarettes to lung injuries known as EVALI. But the root cause is the abuse of prohibited substances containing vitamin E acetate and not legal vaping products.”

“A study conducted by Research Cancer UK indicates that e-cigarettes generally do not cause pulmonary disease known as popcorn lung. To date, no confirmed cases of popcorn lung have been reported among individuals using electronic cigarettes or vaping products.”

“That is why it is important that facts and science be used as the primary means of formulating legislation aimed at setting quality and safety standards for vaping. This not only protects consumers, but also ensures that vaping is one of the effective tools in helping people quit smoking.”

Regarding the so-called many teenagers around the world becoming addicted to nicotine and taking cigarettes because of vaping, Tarmizi believes there is no data to support the view that this problem is spreading among teenagers but believes that vaping underage should not be allowed.

Recently, the Director of the Center for Tobacco Products, Food and Drug Administration, Dr. Brian King said that vaping is not a gateway to smoking for teenagers. He said the use of cigarettes and smoke-free tobacco has declined more rapidly since 2012, when the use of e-cigarettes began to rise.

In addition, the health charity that aims to end the dangers of tobacco established by the Royal College of Physicians, Action on Smoking and Health, states that youth smoking rates are at an all-time low in the United Kingdom and that the use of electronic cigarettes by youth between 11-18 years old is rare.

“However, minors should not be allowed to vape. In order to avoid or reduce the risk of this happening, the government needs to enforce age restrictions through smart rules such as using modern age verification technology for online sales,” he concluded.

Efficiently Enact MACPC Amendments for Stronger Aviation Consumer Rights

KUALA LUMPUR, 27th April 2023 – The Consumer Choice Center (CCC) urges the Malaysian Aviation Commission (Mavcom) to immediately implement the amendments to the Malaysian Consumer Protection Code (MACPC) which should be implemented in the first quarter of 2023 to improve the rights of aviation users.

Malaysian Consumer Choice Center representative, Tarmizi Anuwar said: “Issues involving consumers such as flight delays and cancellations, reimbursement methods and overdue periods, passenger rights and voucher redemption have become more serious since the outbreak of Covid-19. Although the pandemic has ended, this problem is still recurring and requires immediate action by Mavcom to improve the rights of aviation consumers.”

Consumer Rights

In 2022 alone, Mavcom has received a total of 8,789 cases of complaints from customers of which the three highest complaints involve refunds, lost, damaged and delayed baggage and flight cancellations. This is the highest complaint case since it was first introduced in 2016.

Tarmizi also said that the delay in the implementation of the MACPC amendment may cause the number of customer complaints and problems for this year to increase due to the development of international and domestic passengers as well as the increase in aircraft operations including the resumption of various flight routes after the pandemic.

Read the full text here

Accelerate the implementation of the MACPC amendments to enhance the rights of aviation consumers

The Consumer Choice Center (CCC) urges the Malaysian Aviation Commission (Mavcom) to immediately implement the amendments to the Malaysian Consumer Protection Code (MACPC) which should be implemented in the first quarter of 2023 to improve the rights of aviation users.

Malaysian Consumer Choice Center representative, Tarmizi Anuwar said: “Issues involving
consumers such as flight delays and cancellations, reimbursement methods and overdue
periods, passenger rights and voucher redemption have become more serious since the
outbreak of Covid-19. Although the pandemic has ended, this problem is still recurring and
requires immediate action by Mavcom to improve the rights of aviation consumers.”

In 2022 alone, Mavcom has received a total of 8,789 cases of complaints from customers of
which the three highest complaints involve refunds, lost, damaged and delayed baggage and
flight cancellations. This is the highest complaint case since it was first introduced in 2016.

Tarmizi also said that the delay in the implementation of the MACPC amendment may cause
the number of customer complaints and problems for this year to increase due to the
development of international and domestic passengers as well as the increase in aircraft
operations including the resumption of various flight routes after the pandemic.

“Airline consumers in Malaysia have been going through this problem for years and changes
can’t be waited for any longer. It is important to ensure that the amendment is able to regulate
airlines to comply with service quality and safety standards to protect consumers. With the increase in international and domestic flight operations in Malaysia, this amendment to the MACPC cannot be missed because there could be more technical problems.”

“When a flight is canceled, consumers should have the option of receiving either a full refund or
a travel voucher for rebooking a new flight in the future. While the travel voucher should not be
limited to a certain trip or destination but should be based on the value of the trip or destination.
This will give consumers a better choice to make a decision compared to airlines that make
choices on behalf of consumers,” said Tarmizi.

Regarding the refund period for tickets that have a refund value due to the consumer not being
able to board the flight due to the delay or cancellation of the flight by the airline company, it
should be shortened from 30 days to 10 days.

There are many complaints about delays by airlines and the difficulties for consumers to get
refunds, even if the mistake was not on their part. In order to ensure that users are not burdened
by unwanted situations, the repayment period should be shortened to 10 days. This is a
reasonable amount of time to ensure that airlines are responsible for settling user refund claims
when a flight is canceled,” he concluded.

Exemption of Vape Liquid with Nicotine from Poisons Act a Positive Sign towards Vape Regulations

KUALA LUMPUR, 30th March 2023 – The Consumer Choice Center (CCC) expresses its
support for the Government in its move to exempt vape liquid with nicotine from the Poisons
Act, adding that this would pave way for vape liquids containing nicotine to be regulated
appropriately instead of being subject to the Poisons Act that is unsuitable for vaping
products.
Malaysian Consumer Choice Center representative, Tarmizi Anuwar says: “The exemption of
vape liquids containing nicotine from the Poisons Act must be complemented with
introduction of laws or amendments to existing laws to enable the products being regulated
in a smart and coherent way. Otherwise, consumers will only continue to access unregulated
products.”
Tarmizi also said that with a smart regulatory framework, vapers will have access to
products that are compliant to standards which is a similar practice in other countries that
have regulations on vape products.
“Malaysian consumers have been accessing unregulated products for many years and a
reform is overdue. It is important to ensure the products adhere to fixed quality and safety
standards to protect consumers. In addition, regulations would also enable efforts to
prevent underage vaping which could be done through smart rules and enforcement of age
restrictions at points of sale as well as use of modern age verification technology for online
sales.”
“Access to regulated vape products also act as an impetus for smokers to switch to less
harmful alternatives. Globally, many countries are seeing a decline in smoking rates due to
vaping and with regulations, more smokers in Malaysia will stop smoking and switch to
vaping products,” said Tarmizi.

On the idea of introducing a Generational End Game (GEG) that was brought into the discussion
by the previous Health Minister, Tarmizi believes that it is difficult to implement in Malaysia
and the Government should establish an independent committee to conduct in-depth studies
as well as assessing the impact before making any decision.

“This is a big decision to be made in the current political and economic climate. In addition,
there are numerous challenges including the problem of an already existing large black
market. Instead of rushing into making this decision, the Government should establish a
comprehensive committee comprising of local and international independent public health
experts, economists, representatives of retail sectors and enforcement agencies to assess
the impact before making a decision. Other countries have been successful in lowering
smoking rates without such a heavy-handed ‘endgame’,” he concluded.

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