Malaysia legislation

Section 17

of *TRADE DESCRIPTIONS ACT 2011

Section 17

(a)

make a statement which he knows to be false;

(b)

recklessly make a statement which is false; or

(c)

make any statement which is likely to deceive or mislead any person,

*NOTE—Subsections 15(3) and (4) are no longer applicable in consequence of the repeal of the Goods and Services Tax Act 2014 [Act 762] which comes into operation on 1 September 2018–see section 3 of the Goods and Services Tax

(Repeal) Act 2018 [Act 805].

20 Laws of Malaysia as to any of the following matters:

(A)

the provision of any services, accommodation or facilities;

(B)

the nature of any services, accommodation or facilities;

(C)

the time at which, manner in which or persons by whom any services, accommodation or facilities are so provided;

(D)

the examination, approval or evaluation by any person of any services, accommodation or facilities are so provided;

(E)

the location or amenities of any accommodation are so provided; or

(F)

the rates or charges for any services, accommodation or facilities are so provided.

(2)

For the purpose of this section—

(a)

a statement, whether or not referring to any matter specified in subsection (1), which is likely to be taken as a statement to any of those matters as might be false, is deemed to be a false statement as to that matter; and

(b)

a statement made regardless of whether it is true or false is deemed to be made recklessly, whether or not the person making it had reason for believing that it might be false.

(3)

In relation to any services consisting of or including the application of any treatment or process or the carrying out of any repair, the matters specified in subsection (1) shall be taken to include the effect of the treatment, process or repair.

Trade Descriptions 21

False or misleading statement in advertisement