Consumer right to safe product

The application of strict criminal liability in product safety legislations in Malaysia

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

Consumer right to safety is one of the earliest rights that has been recognised by the late President John F Kennedy in 1962, when he presented a speech to the American Congress. Later, this right had been recognised by the International Consumer Unions (presently known as the Consumers International). Presently, the consumer right to safety is one of the basic rights of the consumers that has been recognised universally, together with other basic rights, namely, the right to basic needs, the right to information, the right to choice, the right to redress, the right to be heard, the right to consumer education and the right to live in a clean environment. The objective of this article is to analyse the application of criminal liability in product safety legislations. This article will adopt the content analysis method by analysing the provisions of certain legislations to see the extent of the application of criminal liability in those adopted legislations. The findings of the research show that all of the studied legislations have adopted the strict criminal liability. The strict criminal liability offence is widely used as a means of deterring traders and producers from engaging in certain types of trading abuse which operate to the detriment of consumers. It is believed that the strict criminal liability can protect the consumers from unsafe products and uphold the consumer right to safe products.

Original languageEnglish
Pages (from-to)57-72
Number of pages16
JournalPertanika Journal of Social Science and Humanities
Volume20
Issue numberSPEC. ISS.
Publication statusPublished - Jun 2012

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liability
Malaysia
legislation
consumer education
right to information
Legislation
Liability
Product safety
Consumer rights
Safety
basic need
producer
content analysis
president
abuse
offense

Keywords

  • Consumer
  • Consumer rights
  • Product safety
  • Strict criminal liability

ASJC Scopus subject areas

  • Arts and Humanities(all)
  • Business, Management and Accounting(all)
  • Economics, Econometrics and Finance(all)
  • Social Sciences(all)

Cite this

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abstract = "Consumer right to safety is one of the earliest rights that has been recognised by the late President John F Kennedy in 1962, when he presented a speech to the American Congress. Later, this right had been recognised by the International Consumer Unions (presently known as the Consumers International). Presently, the consumer right to safety is one of the basic rights of the consumers that has been recognised universally, together with other basic rights, namely, the right to basic needs, the right to information, the right to choice, the right to redress, the right to be heard, the right to consumer education and the right to live in a clean environment. The objective of this article is to analyse the application of criminal liability in product safety legislations. This article will adopt the content analysis method by analysing the provisions of certain legislations to see the extent of the application of criminal liability in those adopted legislations. The findings of the research show that all of the studied legislations have adopted the strict criminal liability. The strict criminal liability offence is widely used as a means of deterring traders and producers from engaging in certain types of trading abuse which operate to the detriment of consumers. It is believed that the strict criminal liability can protect the consumers from unsafe products and uphold the consumer right to safe products.",
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AU - Razman, Muhammad Rizal

AU - Aboo Talib Khalid, Kartini

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