A Practical Guide to Malaysia’s Anti-Fake News Act
May08

A Practical Guide to Malaysia’s Anti-Fake News Act

Key Takeaways: Malaysia’s Anti-Fake News Act is in effect and being enforced. The Act applies to the publication of information in any form which is wholly or partly false. Media companies, whether “traditional” or online media, should review policies and processes to avoid inadvertently falling foul of the requirements. Introduction: The term “fake news”, used to describe fabricated news or misinformation in the media, has attracted much attention recently – not only as used by President Trump to refer to certain media outlets but also by policy-makers around the world, who are weighing up whether and how to regulate it. One of the first countries in the world to introduce specific legislation is Malaysia, which introduced its Anti-Fake News Act on 11 April 2018. In this post, we look at what the Act requires and what it means for media companies. What is the Anti-Fake News Act? Malaysia enacted the Anti-Fake News Act 2018 on 11 April 2018. The Act has implications for anyone who publishes or distributes, or facilitates the publication or distribution of, news or any kind of public information. In particular, media companies – both traditional media outlets such as print, TV and radio, as well as online media and social media platforms – should be aware of the Act and its implications for the company’s practices. Failure to comply may attract hefty penalties for the company and its directors. How is “Fake News” defined? Under the Act, it is an offence to maliciously create, publish, distribute or otherwise disseminate “fake news”. This term is broadly defined to include any news or information in any form, which is wholly or partly false. The Act provides a non-exhaustive list of examples of offences under the Act, including: Publishing a statement on your social media account that a food product contains harmful ingredients and is being sold to the public, knowing that the food product has been discontinued and is no longer sold to the public Publishing an advertisement containing a caricature depicting someone as a successful investor in an investment scheme, knowing that person is not involved in the scheme Giving a speech at a public forum saying that someone has misappropriated moneys collected for charitable purposes, knowing that this is not true Holding a press conference claiming that the owner of supermarket will give out free gifts to customers on the first Saturday of each month, knowing that the owner has no intention to do so The broad application of the Act extends beyond the reach of existing defamation laws (which generally require proof of damage to one’s reputation) and media laws such as the Printing...

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IP in the Cloud: the South-East Asia Perspective
May05

IP in the Cloud: the South-East Asia Perspective

The fourth industrial revolution is transforming business in South-Asia faster and more dramatically than in almost any other region. Across South-East Asia, from emerging powerhouse economies such as Indonesia and Vietnam, to Singapore, already an established global economy, there is one issue that our clients consistently tell us is their boardroom priority: digital transformation. With the explosion in smartphone adoption, rapidly-improving broadband infrastructure and a generally young, tech-savvy population, the opportunity for organisations and governments to leverage new technologies to improve services and drive growth is clear – whether it is using digital wallet technologies to transform payments in Myanmar, or leveraging tele-health platforms to bring healthcare services to patients in remote locations in Indonesia and the Philippines. Many of these technologies are being built on cloud services, often provided by third party service providers. The cloud offers the ability to expand to new markets or new businesses faster than ever before. However, these new opportunities can come with new challenges and, like every transaction with a supplier, customers need to assess any associated risks . We have covered the region’s increasingly-supportive regulatory environment for cloud adoption in previous posts. This post focuses, instead, on an often-overlooked legal consideration in moving to the cloud – intellectual property (IP). What are the IP considerations associated with a move to the cloud for organisations in South-East Asia, and how can they be addressed? The IP landscape for companies in South-East Asia Let’s start by looking at the IP landscape in the region. There is a tendency to generalise about IP in South-East Asia. This is a mistake. While every country in South-East Asia has an IP regime designed to protect rights holders through patents, copyright, trade marks, and so on, it is still incorrect to assume that there is any real consistency across jurisdictions. Despite efforts to harmonise at an international level, the landscape still differs significantly from one country to the next – both in terms of the underlying legal framework and, even more so, in terms of the approach to enforcement. There is little value in comparing Vietnam, which has substantial room for improvement in terms of its patent system and approach to enforcement against infringers, with Singapore, which has a more-established system and is investing in becoming an IP hub for the region. What this all means for companies who do business across South-East Asia is that the picture is one of fragmentation, uncertainty and risk. Although the commercial team may regard South-East Asia as a single trading area, the legal and compliance team needs to navigate the myriad different legal systems and advise their board accordingly. The...

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Guest Column: Regulating video in the internet age: Pressing challenges, slow movement
Jan09

Guest Column: Regulating video in the internet age: Pressing challenges, slow movement

Video markets in Asia, as in other parts of the world, are being swept by a wave of commercial and technological adjustment to the rise of internet-delivered video, frequently referred to as “OTT” television.  Unfortunately, in most countries adjustment of regulatory policies by governments is way behind. Asia’s cities, in particular, are rapidly being wired for broadband connectivity.  In developing countries like Thailand, the Philippines, Indonesia and India a broad digital divide has opened, with major urban areas enjoying improving connectivity and the countryside still reliant on more traditional modes of video delivery to consumers. That divide is a problem needing attention, but in the meantime urban populations, at least, are enjoying a “sweet spot” of improving broadband and adequate disposable income to pay for services consumers want.  As a result, they have become the object of a “race to serve” on the part of video providers on every scale: • Traditional pay-TV operators are upgrading their VOD offerings and broadening device access to include smartphones and tablets. • At the same time, new entrants are seeking to construct the right content offerings at the right price to win over consumers.  Major global providers (Netflix and Amazon Prime) entered Asia during 2016, and immediately were confronted with the need to adapt a global approach to Asian realities (including lower price points). • A raft of regional Asian OTT platforms have expanded their offerings (including Viu TV, Hooq, IFlix, and Catchplay), alongside a plethora of locally-oriented offerings (like Hotstar, Dittotv and Voot in India, plus Toggle, Monomaxx, Doonee, USeeTV, MyK+, etc., in Southeast Asia.) These market developments have significantly ratcheted up the pressure on governments, who are seeing more and more consumers migrate to lightly-regulated (or totally unregulated) online content supply, and away from the heavily-regulated traditional TV sectors.   Governments are in a quandary – most do not wish to impede their citizens’ access to global information sources, but at the same time they see evident challenges to long-established policies for content acceptability, broadcaster licensing, taxation, advertising etc.   At the extreme, “pirate” OTT services happily locate offshore, respect no rules and meet no obligations of any kind (not limited to copyright authorization), all the while reaping millions in subscription and/or advertising revenues.  Local content industries are crying foul. This very unbalanced competitive landscape causes deep damage to network operators, content creators at home and abroad, and investors in local economies.  In general, it isn’t possible to subject online content supply to outdated “legacy” broadcasting rules, so alternative solutions have to be considered, including self-regulatory approaches (which can gain acceptance from legitimate OTT suppliers, if not the pirate scofflaws)...

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An opportunity for the Airbnb of Asia?
Jun15

An opportunity for the Airbnb of Asia?

In a week where taxi drivers around the world went on strike against Uber, and Airbnb announced an anticipated 120,000 visitor stays for the World Cup in Brazil, this post looks at the growing number of “collaborative consumption” startups in Asia and the legal and commercial challenges they will have to overcome to succeed in the region. What is “collaborative consumption”? Collaborative consumption (aka “the sharing economy” or “peer to peer”) is a broad term used to describe the shared creation, supply and consumption of goods and services. Typically it involves the use of technology platforms (usually the internet) to link supply and demand, enabling supply-side and demand-side to share resources and capacity in an efficient way. That’s the concept but it is perhaps best explained by way of example, with reference to arguably the two most disruptive collaborative consumption companies today: Uber and Airbnb. As most readers will be aware, Uber connects passengers with drivers in most major global cities, whilst Airbnb links people with temporary accommodation. If you’ve used either of those services, or any like them, then you’re already part of a new generation of collaborative consumers. “Hi, we’re ‘The Airbnb of…’” If you go to a startups event or incubator anywhere in the world, chances are you’ll have to wait all of five minutes before someone pitches their new startup idea to you as “the Airbnb of [insert industry that they think is about to be disrupted by their new idea]”. It looks like some people are getting tired of this pitch but there’s no doubt that we are still in the relatively early stages of internet-driven collaborative consumption. Although services like Uber and Airbnb are no longer used solely by tech-savvy early adopters as they were a couple of years ago, we’re still some way from the tech laggards booking their next holiday accommodation on Airbnb. Collaborative consumption startups in Asia Although the big US companies are making most of the headlines, Asia itself is in the middle of its own collaborative consumption revolution. Here are just a handful of the collaborative consumption startups making a splash in the region at the time of writing (hat tip to VulcanPost and TechinAsia for some of these): Food KitchHike is a Japanese startup that aims to let travellers experience food cooked by local people (usually in the cook’s own home); and Indian startup MealTango, and Malaysian startup PlateCulture, have a similar model.  P2P Accommodation Roomorama is an Airbnb competitor with its HQ in Singapore and global ambitions (albeit largely targeting the Asian traveller); and TravelMob is another Airbnb competitor based in Singapore – but it is specifically...

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The Premier League, Sponsored by…Asia?
Feb15

The Premier League, Sponsored by…Asia?

Asia’s interest in the Premier League is at an all-time high. A population of young, increasingly affluent and increasingly connected Asian fans are following the Premier League in their hundreds of millions. At last count, the Premier League had 820 million fans in Asia, spanning the length and breadth of the continent. Put simply, the Premier League has more supporters in Asia than anywhere else. Asian interest in the Premier League is not new. What is new, however, is the fact that fans in Asia have more money to spend, and more smartphones, tablets and PCs to watch football on, than ever before. The commercial opportunities created by this fanbase have not been lost on Premier League clubs or indeed on Asian brands and broadcasters. Cash-rich brands from Asia are pouring millions of sponsorship dollars into Premier League clubs. Premier League clubs are responding to the opportunity by bolstering their commercial teams to entice brands with increasingly innovative partnership opportunities. Asian broadcasters are in total spending more on broadcast rights than those in any other continent. This report looks at what is driving these developments, highlights some of the deals that have already been done and considers the challenges and opportunities that lie ahead on both sides of the negotiating table. Shirt sponsorships Let’s start with the shirt sponsors. It is fair to say that Asian brands are rapidly buying up the “shirt real estate” of Premier League clubs. Almost a third of Premier League clubs now have an Asian brand as their main shirt sponsor. The 2013-2014 season sees players from six of the 20 Premier League clubs stepping onto the pitch with an Asian brand emblazoned on their chest. The proportion is even higher (eight out of 23) if one includes Wigan and QPR, who were relegated at the end of the 2012-2013 but who continue to have an Asian brand shirt sponsor. Contrast this with the Premier League ten years ago, in the 2003-2004 season, when just one Asian brand was involved as a shirt sponsor, in the form of Chinese telecoms company, Kejian, which sponsored Everton. Let’s look at the deals that have now been done: Club Shirt Sponsor Country Industry Aston Villa Dafabet Cagayan, Philippines Betting and gaming Cardiff City Malaysia Malaysia Tourism Chelsea Samsung Korea Electronics Everton Chang Beer Thailand Alcoholic beverages Swansea City GWFX Hong Kong Financial services Tottenham Hotspur AIA (cup, full shirt sponsor from next season) Hong Kong Insurance Queens Park Rangers* Air Asia Malaysia Airline Wigan Athletic* 12BET Cagayan, Philippines Betting and gaming *Relegated 2012-2013 A growing menu of partnership opportunities on offer The days when shirt, perimeter fence...

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Welcome to Connected Asia
Nov19

Welcome to Connected Asia

Thanks for visiting Connected Asia. Connected Asia is a blog about tech,  media, gaming and sport in Asia. Right now it’s really a work in progress but there’s more to come soon. Bear with me. Connected Asia is about how the unparalleled and explosive growth in connectivity in Asia is driving all kinds of amazing new technologies and business models in the tech, media, gaming and sports sectors. It’s also about the legal and commercial challenges this growth is creating. Connected Asia is mostly written by Matt Pollins, who’s a lawyer based in Singapore (and originally based in London). Matt is part of the team at Olswang Asia. Olswang is one of the world’s leading tech, media and telecoms law firms with offices in London, Madrid, Paris, Brussels, Berlin, Munich and Singapore and an international network of best friend firms. If you’re interested in any of the topics discussed here, please do get in touch. It wouldn’t be a legal blog without a disclaimer. Views expressed on Connected Asia are the author’s own and nothing on Connected Asia constitutes legal advice or creates a lawyer-client relationship. Photo of the laser show at Marina Bay Sands by erwinsoo, who takes some amazing photos of...

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