Ombudsman for Telecommunication Consumer Disputes
摘要
Malaysian consumers who subscribe to telecommunication services offered may have encountered instances of dissatisfaction related to different aspects of those services. Among the grievances raised by consumers are service disruptions, billing discrepancies, and the unwelcome scams, deluge of spam or unsolicited WhatsApp messages. When a consumer faces an issue and seeks a swift and effective resolution, there are several avenues that can explore inclusive contacting hotline customer service, visit available physical store, or use online chat services. Consumers can lodge complaints at bodies that handle disputes related to telecommunication services and can help resolve issues. Social media platform can become another medium to share dissatisfaction. Alternate dispute resolution (ADR) such as mediation or negotiation, can also be effective, but if all choices failed, consumers can consult legal professionals. The main question is “can a consumer have recourse to a final avenue of resolution?” Legally, Section190 of the Communications and Multimedia Act (1998) provides for “the handling of consumer complaints through an establishment of an inexpensive alternative dispute resolution mechanism (ADR) other than a court”. Therefore, this research focuses on what ADR mechanisms available for telecommunication consumers’ disputes with the providers. The main objective is to propose an Ombudsman as the preferred mode of the ADR mechanism. The research would be mainly qualitative and doctrinal, involving structured interviews, panel discussions and on-site observations of operational issues. The process involves examining the existing domestic laws and conducting a comparative analysis with the relevant legal provisions in Australia and the United Kingdom, that already entrusted with handling telecommunication disputes. The expected outcome would be recommendations for the establishment of the Telecommunication Office of Ombudsman in Malaysia, with the powers to resolve disputes between consumers and telecommunications service providers throughout Malaysia.