CONSUMER ADVOCACY AND DIGITAL RIGHTS - Consumers International September 2021 - BMJV
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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 2020
The 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 off
The 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 Kaki
The 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 Finance
The 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., AWO
STRATEGY 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 PAGE
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