Peer-reviewed article
Legal Issues Relating to Online Transaction: Special Reference to Children Product Safety in Malaysia
Farhanin Abdullah Asuhaimi, Zuhairah Ariff Abd Ghadas, Nur Amani Pauzai, Khairun-Nisaa Asari, Nur Amani Pauzai ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This is a legal analysis of Malaysian law relating to online transactions and children's product safety. It examines the federal safety rules for children's products and the regulatory framework governing e-commerce in Malaysia. The paper identifies that Malaysia lacks specific integrated legislation covering both online transactions and children's product safety, instead relying on separate general laws. The analysis uses statutory and doctrinal legal research methods.
Key points
- Malaysia has no single law governing both online transactions and children's product safety
- Online transactions are regulated under the Electronic Commerce Act 2006, Contracts Act 1950, and Sale of Goods Act 1957
- Children's product safety is governed by the Consumer Protection Act 1999
- The Federal Trade Commission regulates e-commerce including commercial emails, online advertising and consumer privacy
- Correct product classification is important to identify applicable safety rules
Limitations
This is a legal doctrinal analysis that does not assess actual child safety outcomes, enforcement effectiveness, or the practical impact of the regulatory gaps on children's well-being. It does not present empirical data about harm to children from unsafe products sold online.
Abstract
All children's products are subject to a set of federal safety rules, called children's product safety rules.It is important to classify the product to identify correctly the set of children's product safety rules applicable to the product.As for the online transactions, there is a federal agency called the Federal Trade Commission (FTC) which is responsible to regulate e-commerce activities, including use of commercial emails, online advertising and consumer privacy.In Malaysia, there is no specific law which governs both online transaction and children product safety.The general laws applicable for online transaction are the Electronic Commerce Act 2006, Contracts Act 1950, and Sale of Goods Act 1957 whilst the general law regulating children product safety would be the Consumer Protection Act 1999.This paper discuss the general laws which are applicable in Malaysia related to online transaction of children product and to highlight the legal issues on product safety which arises or might arises due to the current regulatory framework.This paper adopts the statutory analysis and doctrinal analysis research methodology.