Abstract
Service quality in the Malaysian telecom sector has been a major
concern for consumers, who continue to inundate the Malaysian
Communications and Multimedia Commission (MCMC) with complaints about
service providers. A suggested solution to this problem is the adoption
of an automatic compensation scheme (ACS) in the Malaysian
communications sector. Under the ACS, service providers will be required
to compensate consumers, who receive poor service quality, without the
requirement of a formal claim. This scheme already exists in other
jurisdictions, particularly the UK, where it has been used since 2019.
Nevertheless, the adoption of the ACS in Malaysia would likely contend
with a number of obstacles. This article provides a pathway for Malaysia
to overcome the legal obstacles that would likely undermine the adoption
of the ACS in the country. The article combines a qualitative,
library-based doctrinal research approach exploring laws and regulations
applicable to the ACS, with a quantitative approach involving the use of
questionnaire directed at telecom service providers. The aim of the
questionnaire was to elicit feedback from the telecom sector with a view
to devising an appropriate framework. The article concludes with
recommendations to harmonise the ACS with the Malaysian legal system,
including the objectives to be served, when to apply the scheme, methods
of implementing it, as well as issues of force majeure.