CONSUMER ADVOCACY AND DIGITAL RIGHTS - Consumers International September 2021 - BMJV
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CONSUMER ADVOCACY AND DIGITAL RIGHTS Consumers International September 2021
The consumer advocacy context Global consumer advocacy Consumers International Membership*, 2021 Source: Consumers International *Does not include government members (national consumer protection agencies) and affiliates
The consumer advocacy context
Our members in asean
• Consumer Organisations
Myanmar • Myanmar Consumers’ Union (MCU)
Cambodia • NA
Laos • NA
Vietnam • Vietnam Standards and Quality Association (VINASTAQ)
Philippines • Laban Konsyumer
• IBON Foundation
• The Consumer Union of the Philippines (CUP)
• Coalition for Consumer Protection and Welfare
• Nationwide Association of Consumers
Indonesia • Indonesia Consumer Association (YLKI)
• Institute for Consumer Development and Protection
• Yogyakarta Consumer Institute (LKY)
Thailand • Thailand Consumer Council
Malaysia • Federation of Malaysian Consumers Associations (FOMCA)
• Education and Research Association for Consumers
• Selangor and Federal Territory Consumer Association
• Consumer Association of Penang
Brunei • NA
Singapore • Consumers Association of Singapore (CASE) (CI member)
The consumer advocacy context
Consumer advocacy toolkit
Public Inclusive
Research for Global
Awareness & Consumer &
Consumer Information
Consumer Competition
Interest Sharing
Information Policy
• Public awareness • Research on consumer • Recommendations and • Sharing information
campaigns at issues involvement in policy & on e.g., complaints,
national or • Mystery shopping standards making at standards
international • Product testing & national, regional or • Information systems
comparison international level to collate information
Collective Innovation
Collective
Consumer & Adaptive
Action &
Empower- Decision
Enforcement
ment Making
• Class and • Organising consumers to • Supporting and building
collective action take collective action innovations, guidelines
lawsuits • Increasing consumer agency and opportunities based
and redress on consumer rights
principles
PAGE
” CONSUMER ADVOCACY SHOULD
ENSURE GREATER PROTECTION IN THE
DIGITAL ECONOMY, STRONG
REGULATORY FRAMEWORKS TO
PROTECT CONSUMERS, A SHRINKING
DIGITAL GAP, AND SELF-PROTECTION
THROUGH DIGITAL LITERACY.” ” THE CONSUMER MOVEMENT WILL HAVE
MARIMUTHU NADASON, CEO, TO UNITE AND BECOME MORE EFFICIENT.
FEDERATION OF MALAYSIAN CONSUMER ASSOCIATIONS SHARING OUR KNOWLEDGE OF CONSUMER
(FOMCA) 60TH ANNIVERSARY, CONSUMERS INTERNATIONAL
PROBLEMS….LOBBYING FOR
INTERNATIONAL STANDARDS…JOINING
OUR ENFORCEMENT CAMPAIGNS.”
KLAUS MULLER, EXECUTIVE DIRECTOR, VZVB
60TH ANNIVERSARY, CONSUMERS INTERNATIONAL
CONSUMERS INTERNATIONAL GLOBAL SURVEY 2020
Crucial focus areas for consumer advocates globally
Which approaches/activities does your organisation use to deliver change
for consumers in your country in 2020?
All High Low Middle
income income income
Public awareness and consumer education 85% 90% 79% 83%
Complaints handling and consumer advice 72% 76% 71% 69%
Campaigns 70% 69% 79% 69%
Review and monitor relevant laws, policies or codes of 68% 74% 64% 65%
conduct
Developing/formulating policies and standards relating 60% 57% 64% 62%
to consumer products/services 50% of consumer
Advocating to politicians and parliamentary bodies 60% 71% 57% 54% advocates receive
Mobilising consumers to advocate for action 60% 62% 71% 57% funding for
Research-based advocacy 60% 64% 50% 58% consumer
Conducting research on problems experienced by 54% 62% 64% 46% awareness
consumers
Legal representation on behalf of consumers 50% 52% 71% 43%
Law development 49% 57% 36% 46%
Providing consumer information services (e.g. regular 48% 57% 57% 40%
price monitoring, comparative product testing)
Market research 45% 50% 43% 42%
Training and technical assistance 38% 26% 71% 38%
Direct supply of consumer goods and services (e.g. 20% 19% 21% 20%
through consumer cooperatives)
Source: Global Member Assessment Survey 2020
The consumer context
Digital rights is – increasingly - a consumer advocacy
priority
Which of the following consumer issues is your organisation currently
working on in your country in 2020?
• Digital rights and privacy are among the
All High Low Middle
income income income top issues for consumer advocates
countries countries countries around the world
Food (security and safety) 77% 74% 79% 78%
Product safety 68% 71% 86% 62% • Digital rights impacts all core consumer
Financial services 64% 71% 57% 60% sectors including food, product safety
Environment 63% 62% 57% 65% (via ecommerce) and financial serices
Healthcare and medicine 58% 50% 64% 62%
Information and communication technologies 58% 67% 71% 49% • Technology and innovation is in the top
Digital rights/privacy 57% 79% 21% 51% 3 issues for all consumer advocates for
Retailing/marketing of household goods and 55% 69% 43% 48% the next 3-5 years
services
Energy 51% 60% 64% 43%
Advertising 50% 64% 36% 43% • In the ASEAN, similar pattern – all work
Counterfeit/fake products 49% 43% 57% 51% on digital rights in some form
Water 43% 31% 71% 45%
Trade 39% 38% 57% 35%
Mobility 35% 38% 36% 32%
Professional services (legal and medical) 33% 33% 29% 34%
Housing 32% 38% 43% 26%
Source: Global Member Perception Survey 2020
The consumer context
At national level, mechanisms to protect consumers
D2
online are lacking
The Digital Marketplace: Which of the following select
measures/mechanisms to protect consumers are present in your country • Greater progress on cybercrime, but
in 2020? limitations on data privacy and
ecommerce
Type of online protection Yes In draft
• By region: East Asia, South Asia and
Laws to prohibit cybercrime 72% 10%
Laws that protect consumer’s privacy in relation to online 64% 10%
Europe are strongest
transaction (personal data protection)
Regulatory body on ICT and multimedia 59% 7% • By income level: High-income countries
Laws that regulate e-commerce 57% 12% across all regions are more likely to have
Laws that ensure consumers can access their data or data 55% 8%
provisions in place
held by them
Laws to regulate spam 49% 9% • An exception is that low-income
A specialised alternative dispute resolution and redress 45% 6% countries appear to frequently have a
mechanism for consumers of telecommunications regulator in place for ICT
Protections for consumers on e-commerce marketplaces 41% 12%
that are at least equal to those in traditional marketplaces • While provisions may be in place,
Legal provisions on copyright exceptions that allow 26% 6% enforcement is always lacking
consumers to move e-books, music or videos between their
own devices • ASEAN: Similar pattern
A specialised alternative dispute resolution and redress 20% 6%
mechanism for e-commerce transactions
Source: Global Member Perception Survey 2020
The consumer context
Consumer advocates are dissatisfied with progress in
C3
digital rights
As a consumer expert, how satisfied are you with the following in your • Overall, only a third of respondents
country in 2020? are very or partly satisfied with key
Very or Partly Satisfied consumer protections in digital in
their countries
Type of protection Overall ASEAN
• There is particular concern about
Competition law to address particularities of digital 30% 50% collective action on privacy and
economy data security where 28% of
respondents reported being very
Rules and regulations regarding interoperability and 31% 63%
data portability dissatisfied and satisfaction fell to
7% in lower-income countries.
Net neutral rules and regulations 26% 25%
Existence of market monitoring system for digital 17% 25% • ASEAN: perhaps a different pattern
products and services (including independent testing) with less concern about privacy and
greater focus on market monitoring
Privacy and data security laws 31% 63%
and net neutrality?
Collective actions against privacy and data security law 15% 38%
violations
Source: Global Member Perception Survey 2020The consumer context
A few countries are advancing with strategies for
technology – but engagement of consumer advocates is
limited
Artificial Intelligence (AI): How are consumers engaged in your country in • Close to 30% of respondents
2020? highlighted their country has an
Type of protection Yes No In Draft Don’t Know effort to legislate for AI
• Limited involvement by consumer
Is there a specific government 16% 43% 10% 31% advocates
effort to legislate for AI in
your country? • Similar results for range of
Does your country have a 14% 44% 11% 31% technologies explored – IoT, facial
national AI strategy in place? recogition, unmanned vehicles,
biotech
Are ethical guidelines for AI in 13% 38% 16% 33%
place in your country? • Within ASEAN, there seems higher
Are consumer advocates 16% 50% 4% 30% government focus, and consumer
involved in this government advocacy engagement appears
process?
relatively high in IoT but on trend in
Source: Global Member Perception Survey 2020 other technologies
When the G20 Digital Ministers have encouraged a focus on consumer awareness in digital
matters, a closer engagement of consumer advocates in these processes may pay offThe consumer context
Top three challenges in ecommerce
Malaysia: Viet Nam: Singapore:
• Lack of Access – Many • Shortcomings in the • False/misleading claims -
consumers, especially in low mechanism of dispute When consumers encounter
income and rural areas, still do settlement and handling of false claims such as fake
not have access to the internet violations of the consumers discounts on products or
because of lack of coverage or protection law in e-commerce hidden add-on fees on goods or
poverty. transactions. services, they are unable to
make an informed purchasing
• Exposure to scams and other • Unfair commercial practices decision.
digital risks and lack of trust between
consumer and supplier / • No proper dispute resolution
• Data Privacy and Security – retailer process/consumer protection
Currently substantial amount mechanism
of personal data is being • Limitations of consumers on
collected for various purposes. awareness and self-protection • Counterfeit products - If online
There have been many actions related to legal platforms/marketplaces do not
“leakages”. Consumers’ data is documents on e-commerce check/verify their
not safe. merchant/product listings and
allow counterfeit or unsafe
products to be listed, then
consumers’ right to genuine
products and consumer safety
will be affected.The consumer context
Case study: fomca (Malaysia)
• National Complaints
Centre; Finance, health
management apps
• Policy recommendations
and representation in
government groups
including Advisory Council
on consumer protection;
FOMCA adapted UNCTAD
model for Malaysian
context
• Direct education and
empowerment programmes
currently with
Cybersecurity Malaysia
“…. There is no serious commitment to consumer empowerment…digital consumer protection is
completely absent….There have been recent movements to consolidate the industry through
mergers to reduce competition in the market. FOMCA has strongly opposed the move. …”The consumer context
Case study: CASE (singapore)
“…. With the raising penetration rate of smartphones, we observed that the consumers trend
towards online and mobile space. As such, CASE adapted our educational effort from traditional
on-site outreach activities to digital initiatives …”
• September 2019,
Price Kaki – price
comparison for 3,000
common items
across 31
supermarkets and 11
hawker centres
• January 2020 Fuel
KakiThe consumer context
Case study: ylki (indonesia)
“…. For the past three years,,
the complaint data at YLKI
has been dominated by
financial service issues,
particularly online loan
problems. As many as 70
percent of the complaints
related to loans and loans are
complaints about illegal loans,
the rest are complaints about
legal loans registered with the
Financial Services Authority
…” Tulus Abadi, reported in World Consumer
Tempo, September 2021 Rights Day 2022
Fair Digital
FinanceThe consumer context
International arena essential to drive national progress -
change must be built across multiple fora
E.g., Select top topics on agenda
United Nations • All e.g., DG Roadmap to Digital Collaboration
Agencies • UNCTAD: Product safety in ecommerce, sharing
economy
Multi-lateral • For consumer agenda: dark patterns, personalised
Institutions pricing, measuring consumer harms, financial
consumer protection
Multi-lateral • G20: Traceability, data flows
Fora • G7: Data governance, innovation, responsible AI
(e.g., via GPAI)
Standard-Setting • All
Institutions
• WTO: Ecommerce negotiations finalising 2021
Bretton Woods
Institutions
Regulatory • Scams & fraud, , data rights, privacy, e-commerce &
Bodies consumer protection online
Digital rights • Various: more established e.g., World Wide Web
organisations Foundation, Access Now and newer e.g., AWOSTRATEGY PRINCIPLES
Opportunity for learning platform
Inclusive
Consumer & Innovation Public
Research for International
Competition & Adaptive Awareness &
Consumer Information
Policy Decision Consumer
Interest Sharing
Development Making Information
1 2 3 4 5
• Describe lived • Represent the • Provide agile • Provide • Quantity,
consumer independent global platform “incubator quality,
experience consumer for sharing hub” to support effective-ness
• Identify & voice at experience and best practice of awareness
uncover regional level knowledge pilots which raising efforts
consumer • Bring issues across countries benefit global
harms and proposals • Enable rapid consumer
• Scan for future to appropriate response across advocacy
consumer policy space regions
issues and • ;
needs
PAGETHANK YOU
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