MALAYSIA Trends and Developments Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Ashwinathan Selvanathan and Jannah Khairul, LAW Partnership
combating such activities, further complicating efforts to ensure public safety and security. Addressing these interconnected challenges requires a co-ordinated approach among stake - holders, including government agencies, brand owners and enforcement authorities, to mitigate the adverse effects of illicit alcohol effectively. Current enforcement efforts in Malaysia Efforts to combat counterfeit alcohol in Malay - sia involve a multi-agency approach, with enforcement actions spearheaded by several key authorities. These actions typically include raids and investigations carried out by the Royal Malaysian Police, the Ministry of Domestic Trade and Costs of Living (MDTC) and the Royal Malay - sian Customs Department (RMCD). These agen - cies work collaboratively to disrupt the supply chain of counterfeit alcohol and penalise those involved in its production, distribution and sale. I) Enforcement efforts Raids are one of the primary methods of enforcement, targeting physical premises such as warehouses, distribution centres and retail outlets suspected of selling or storing counterfeit alcohol. These actions often lead to the seizure of counterfeit goods, dismantling of production facilities and the arrest of individuals involved in illicit activities. For example, in March 2024, the RMCD at Neg - eri Sembilan seized liquor valued at MYR13.4 million. In May 2024, the Marine Police at Johor Bahru successfully raided and confiscated counterfeit alcohol worth over MYR500,000. Furthermore, in November 2024, the RMCD seized smuggled cigarettes and alcoholic bev - erages valued at over MYR3 million.
II) Online monitoring and e-commerce collabo - ration Recognising the growing prevalence of coun - terfeit alcohol sold through online platforms, authorities have adopted proactive online monitoring measures to identify and curb illicit sales. This includes surveillance of e-commerce platforms, social media marketplaces and chat applications where counterfeit products are advertised. E-commerce platforms themselves have also taken steps to combat the sale of counterfeit alcohol on their sites. For example, Lazada has implemented online monitoring systems to detect and remove listings of counterfeit prod - ucts. Collaborations between government agen - cies and private sector players are crucial for addressing the challenges posed by the digital marketplace. While these efforts have achieved notable successes, combating counterfeit alco - hol requires sustained collaboration among enforcement authorities, industry stakehold - ers and online platforms. Enhanced measures, such as stricter regulations, better traceability systems and public awareness campaigns, can further strengthen these efforts and mitigate the adverse effects of counterfeit alcohol on public health, government revenue and societal trust. Copyright piracy in Malaysia Laws in Malaysia On 22 December 2021, Malaysia introduced a new Section 43AA to the CA 1987, whereby it is illegal for any individual and/or body corporate to commit or facilitate copyright infringement by manufacturing, importing, selling or letting for hire, offering, exposing, distributing, offering to
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