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The exposé of Li/Jonathan Wong's case by Weekend Mail and FOMCA/NCCC has serious implications on the governance of digital domain in Malaysia.

Li/Jonathan Wong, a Maxis postpaid user, was scammed 210 times over 17 days in April/May via short code 32355 owned by a triple non-compliance offender identified by MCMC, and a total of RM270.00 was skimmed in the stealth process.

According to Weekend Mail, the victim contacted the content provider and ordered it to stop delivering the unsolicited SMS content to her supplementary line. However, similar charges were made in her May/June itemised bill, amounting to RM77.00.

In a situation where the mobile user has contacted the content provider and ordered it to stop and yet the consumer's demand was not fulfilled, based on precedent actions taken by MCMC, this is classified as (request of service) Termination not Processed.

It is a serious, punishable offence under the industry Guideline implemented since July 2006.

Most importantly, the content provider should adhere to provisions in Clause 10.4 under Customer Service, which stipulates that:

Content Providers shall attend to complaints reported, whichever mode the complaints is (sic) received, without delay and to provide a satisfactory explanation to the complaints within reasonable timeframe depending on the level of complexity involved in resolving the complaints.

In Li/Jonathan Wong's case, the victim received no reply to her inquiry and continued to be charged after a demand to stop the unsolicited SMS had been made.

Going by records, MCMC has invoked the same Guideline to act on a one-time offender, UnrealMind Interactive Berhad, which was faulted for Termination not Processed, among other things.

The case was escalated to effect a FIR (Further Investigation Report) and ultimately, Unrealmind was made to cough out multi-million ringgit refund to the mobile users via the three Celcos.

The action was taken during the reign of the same MCMC Chairman, Dr Halim Shafie (picture left). With his express consent and approval, the same industry Guideline was invoked to punish a non-compliant content provider, and the industry noticed it

THE CONTEXT. In Li/Jonathan Wong's case, a triple non-compliance offender has been implicated in yet another fault breaching the maximum threshold allowable under the same Guideline that was used to punish a one-time offender, Unrealmind.

So here we go.

It matters not whether the COO of any rogue content provider comes knocking on the regulator's doors early this morning, or on any Monday morning, just to plead ignorance and innocence.

However, it matters most that the acid test for consistent, defensible governance is Mr MCMC's ball that's sitting right there in his court. He has to pick it up and play till game over.

POST-SCRIPT. The NCCC is currently running a campaign to collate more evidence of unsolicited SMS. It can be contacted at Tel: 03-78779000 or 78748096 or fax: 03-78748097.

Consumers can also lodge complaints, with their itemised bills, via email at nccc@nccc.org.my.

NCCC also provides e-aduan forms available at its website: www.nccc.org.my.