Introduction – Boycotts
In Malaysia, calls for boycotts flare up once in a while. Whether it be socks, or shoes, or something else – accusations of supporting a certain group or nation, in a conflict, perhaps – inevitably, the calls for boycotts come about.
Boycotts have a real serious effect on businesses. Customers choose not to support the business; trade volume drops; and eventually, profits thin out. When companies cannot cover their overheads, the unavoidable happens: They shut down.
And when companies shut down, employees lose their jobs. That puts pressure on the government, which needs to deal with unemployment. Too much unemployment and you get desperate individuals, committing crimes like theft, or worse – robbery – simply to put food on the table.
In a famous hadith, there was a time of famine. The righteous caliph, who was the leader at the time, saw that there was widespread stealing, due to a lack of food – people stole just to put food on the table. And so that righteous caliph decided to suspend the punishment of cutting off of hands.
Now that we’ve done some analysis on the possible effects of boycotts, it might seem apparent that there should be a law about boycotts in Malaysia.
And the surprising part of it is that the answer is both yes, and no.
There should be a law on boycotts in Malaysia
So here’s the good news: Yes, we have a law on boycotts…. sort of. At the least, it appears that we have a law that aspires to cover the topic of boycotts in Malaysia.
In the Trade Descriptions Act, the preamble states as follows:
An Act for the purpose of promoting good trade practices by prohibiting false trade descriptions and false or misleading statements, conduct and practices in relation to the supply of goods and services, and by prohibiting, restricting or otherwise regulating or controlling the use of any statement, expression or indication which is likely to discriminate or boycott any product or goods or to discourage, forbid, hinder or influence any person from using or consuming any product or goods in the course of trade or business, and to provide for matters connected therewith or incidental thereto.
This is the preamble, of the Trade Descriptions Act 2011, after its 11 January 2022 amendment. Since laws change, if you look at an earlier version of the Trade Descriptions Act (which does not incorporate amendments up to 11 January 2022), you might not see this preamble written in the same way.
Our Trade Descriptions Act, which deals with counterfeit products and misleading advertisements, declared in the preamble that it aspires to control the use of statements, etc. which can cause boycotts, or influence others to refrain from using certain products.
Unfortunately, when you check the Trade Descriptions Act 2011, the word “boycott” appears only in its preamble, and not any of the other provisions in the Act.
Why we need to make it an offence
If the Trade Descriptions Act 2011 aspires to regulate boycotts, it needs bite. A dog which has no teeth cannot really scare thieves who come to ransack the master’s house. Likewise, the government needs teeth to bite, if it is going to deal with boycotts.
Thus, the Trade Descriptions Act 2011 should include provisions on boycotts. These provisions should define the offences related to boycotts. Without such provisions, how can a public prosecutor charge an accused?
Imagine this exchange in court:
Deputy Public Prosecutor: “Mr Cheng, on your TikTok channel, which has 1 million followers, you called for your followers to boycott XYZ shop. Therefore you have committed an offence under the Trade Descriptions Act 2011.”
Mr Cheng: “Yes, I agree that I called for a boycott. But I do not agree that I have committed any offence.”
Deputy Public Prosecutor: “Boycotts are an offence under the Trade Descriptions Act…”
Mr Cheng: “Yes, sir, but what section are you charging me with?”
Honestly, there is no need to go back to the drawing board, as all that is required is a minor insertion.
When there are provisions for offences, people can be prosecuted … and there would be deterrence.
And that’s it.
Thanks for reading.
Disclaimer
This article is prepared for educational purposes only. It is not intended to serve as a replacement of legal advice from a professional lawyer.