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FREQUENTLY ASKED QUESTIONS
 

FREQUENTLY ASKED QUESTIONS

Website Related Complaints   »   General Question


1. What is the purpose of this FAQ?

To shed some light on complaints concerning “.my” based websites, namely:

 
         The types of complaints that can arise in relation to a “.my” based website (i.e. a website whose address ends with “.my”, for example: www.festive.com.my)
 
         The proper authorities/agencies/parties to lodge a complaint with (including MYNIC), if you should so wish

2. What are the types of complaints that can generally arise in relation to a ".my" website?

There are a large variety of issues that can arise in relation to websites generally, including for example, that a website:

 
·         contains content which is of an offensive nature
 
·         contains defamatory statements in respect of a person
 
·         uses a website address which is offensive, defamatory or sensitive to certain sections of the community
 
·         provides access to pornographic materials
 
·         provides access to services that are illegal in Malaysia such as gambling
 
·         allows users to illegally download music, videos, books or pictures without the permission of the owner
 
·         sells goods which are defective and not in accordance with their description
 
·         uses a website address which is in fact a trademark or registered business name of its competitor
 
·         uses the trademarks of another party without the permission of the trademark owner(s)
 
·         passes itself off as the website of a financial institution and hijacks the user name and password of users who mistakenly try to log into the financial institution’s online services

3. What is MYNIC's responsibility for complaints relating to ".my" websites in general?

MYNIC is the party appointed by MCMC to act as the registry for “.my” domain names. Specifically this means that MYNIC is responsible to:

 
·         Receive, process and approve applications for “.my” domain names.
 
·         Operate and maintain the database of “.my” domain names.

 

As such, in relation to complaints pertaining to a “.my” website, MYNIC’s responsibility is only for domain name related complaints (i.e. complaints about a “.my” website name).

 
MYNIC’s responsibility does not extend to the content that may be connected to or otherwise accessed through the “.my” domain name.
 
In essence, MYNIC’s responsibility is only for the name of a “.my” website and does not extend to its content.

4. What are some examples of ".my" domain name related complaints?

Examples of domain name related complaints include complaints in relation to “.my” websites that:

 
·         use a website address/name which is offensive or sensitive to certain sections of the community 
 
·         use a website address/name which is defamatory of a person
 
·         use a website address/name which is a trademark or registered business name of another party without the trademark or business owner’s prior permission
 
·         use a website address/name which is in fact a trademark or registered business name of its competitor

 As can be seen, all of the above relate solely to the website address/name used and are not related to the content of the website.

These types of complaints are within the purview of MYNIC and MYNIC has processes in place to address complaints from all parties as detailed in What are the processes that MYNIC has in place to deal with “.my” domain name related complaints? below.


5. What are some examples of website content related complaints?

Examples of website content related complaints include complaints in relation to “.my” websites that:

 
·         contain content which is of an offensive nature
 
·         contain defamatory statements in respect of a person
 
·         provides access to pornographic materials
 
·         provides access to services that are illegal in Malaysia such as gambling
 
·         allows users to illegally download music, videos, books or pictures without the permission of the owner
 
·         sells goods which are defective and not in accordance with their description
 
·         uses the trademarks of another party within the content of the website without the permission of the trademark owner(s)
 
·         passes itself off as the website of a financial institution and hijacks the user name and password of users who mistakenly try to log into the financial institution’s online services
 
As can be seen, the examples above relate solely to the content and material on the website and are not related to the website address/name.
 
These type of complaints are not within the jurisdiction and purview of MYNIC. Instead, they are within the jurisdiction and purview of various other government agencies and regulatory authorities as detailed in Who does one complain to or approach in relation to “.my” website content related complaints? below.

6. What are the processes that MYNIC has in place to deal with ".my" domain name related complaints?

 MYNIC has several administrative processes in place to deal with different types of “.my” related domain name complaints.  These administrative processes are simpler, faster and more affordable when compared to taking legal action.

 
 
·         The MYDRP
 
This is a process that allows a complainant to challenge the registration of a “.my” domain name where the complainant believes that the registered “.my” domain name is (1) identical/similar to the third party’s trade/service mark, and (2) is used in “bad faith” by the registrant. Where the complainant is successful in establishing its case, the disputed “.my” domain name will be transferred to the complainant. The MYDRP is run by the Regional Centre For Arbitration Kuala Lumpur. More details are available at http://www.klrca.org.my
 
 
·         The SNDRP
 
This is a process that allows a complainant to challenge the registration of a ".my" domain name where the complainant believes that the registered ".my" domain name contains word or words in English, Malay, Romanized Chinese (including dialects) and Indian dialects that which are sensitive to the Malaysian public, are obscene, scandalous, indecent, offensive or contrary to Malaysian public norms or policy, comprise of derivatives and colloquialisms of words that are offensive; and/or consist of pejorative expressions in terms of denotation, connotation or association. Where the complainant is successful in establishing its case, the dispute ".my" domain name will be deleted. The SNDRP is run by the Kuala Lumpur Regional Centre for Arbitration. More details are available at http://www.klrca.org.my
 
 
·         MYNIC’s Agreement for the Registration of Domain Name
 
 
Under MYNIC’s Agreement for the Registration of Domain Name, the registrant is under a contractual obligation to ensure that the domain name applied for is not scandalous, indecent, obscene or offensive. This Agreement can be accessed from http://www.mynic.my/agreement.php
MYNIC reserves the right to suspend or delete the domain name and terminate the Agreement if the domain name or the use of the domain name is found to be undesirable.
 
 
·         The “.my” Agency/Regulatory Request Process
 
This is a process which allows government agencies and or regulators to request the deregistration or suspension of certain “.my” domain names that fall within their jurisdiction and are in breach of a statutory provision of law. The requests made via this process must be based on the requesting parties legal authority and are subject to the oversight of the MCMC.
 
Please click here for the Process Flow.
 
Please send your email request for the template to MYNIC at agency-request@mynic.my
 
However, please note:
 
·         None of the above processes prevents a complainant from instituting a legal action against the relevant “.my” domain name registrant so long as the said legal action is based on a legal right which is actionable in law.

7. Who does one complain to or approach in relation to ".my" website content related complaints?

 The following is a listing of authorities or regulators to which “.my” website content related complaints may be reported to for their action, guidance or reference to the proper channel(s):

 

Where the website content is of an offensive nature:
 
  • Malaysian Communications and Multimedia Commission (MCMC)
 
  • The Communications and Multimedia Content Forum of Malaysia (CMCF)
 
Where the website content is defamatory in respect of a person:
 
  • Malaysian Communications and Multimedia Commission (MCMC)
 
Anti-phishing:
 
 

 The reference of a complaint to any of these authorities/regulators does not prevent the complainant from either (1) lodging a report with the police where relevant, or (2) commencing legal action against the domain name registrant subject to the legal action being based on a legal right which is actionable in law.

NOTE: The above listing of authorities or regulators are examples of authorities or regulators to which “.my” website content related complaints may be reported to, based on MYNIC’s experience as to date. This listing is by no means exhaustive.

The use of the websites above is subject to the Terms of Use, Privacy Statement, Security and Disclaimer Notice listed on the respective authorities/ regulators’ websites.

 
 

8. What about complaints in relation to website content which are on a non-".my" website?

MYNIC has no jurisdiction over any website content, whether under a “.my” domain name or a non-“.my” domain name.

Nevertheless, where the website content or services can be traced back to Malaysia (e.g. are being provided by a Malaysian company, or where any payments are made to a bank account with a Malaysian bank) or where the website is being hosted in Malaysia, it could still fall within the jurisdiction of the authorities or regulators detailed in Who does one complain to or approach in relation to “.my” website content related complaints? above.


9. Does MYNIC play any role in relation to ".my" website content related complaints?

No,MYNIC does not. The content or services on a “.my” website are outside the jurisdiction or purview of MYNIC.

However, where formally instructed to by MCMC, other regulatory authorities (e.g. the Securities Commission or Bank Negara Malaysia) or where instructed to by way of an order of court from the High Court of Malaya, MYNIC will suspend, delete or transfer the domain name of the “.my” website to which the content relates, as instructed.


10. What about complaints in relation to non-".my" domain names?

MYNIC has no jurisdiction over non-“.my” domain names (e.g. www.abc.com , www.abc.net or www.abc.org). Users will need to lodge a complaint with the appropriate domain name registrar.