Friday, April 21, 2006

Cowboy Justice

Property Owners Beware

It was reported recently that the Domestic Trade and Consumer Affairs Ministry is proposing a new law to held property owner responsible for criminal activities carry-out by the tenants. I believe this new law is specifically targetted to eradicate the rampant infringement of Music and movies' copyrights.

The motivation for drafting and proposing this new law is due to the inability of the Domestic Trade and Consumer Affairs Ministry to curb the rampant pirating activities. This intention of curbing copyrights infringement is a noble gesture. The artists, actors, actresses, and the industries needs to be protected and assured of their returns on investments are not robbed by unscrupulous criminals.

I disagreed with the cowboy styled proposition that, because the premise is owned by the property owners, therefore, they must be held responsible and punished for the criminal activities of the tenants. The fact is, which criminal will honestly declared to the property owner that he is renting the premise for illegal activities ?

Why can't the enforcement agencies evaluate and audit their enforcement activities to analyze their failures to curb criminal activities objectively. Was it because of corruptions of certain enforcement officers ? Was it because the punishments for offenders are inadequate ? Was it because of the incompetencies of the enforcement agencies ? Was it the criminals are smarter and then the enforcement agencies ? Why not shutting down the internet because there are also uncontrollable illegal “file sharing” of games, music, and movies ? The point here is, the whole process of enforcement operations needs to be critically evaluated and revamped to adapt to the changing environment to fight against this lucrative industry of copyrights infridgements. In short, there need to be a better strategy and approach to counter piracy activities. Do not abuse the law to wrongly criminalized innocent parties.

Going after innocent property owners is a convenient way of passing the bucks to blame the innocents. Please bear in mind that, the property owners also invested thousands of Ringgits, and they are also victims to these criminal activities. If the relevant ministries want to take the easy way to pass the blames to the property owners, then would the same ministries accord the property owners the same rights sue the affected enforcement agencies for their incompetency and inability to curb piracy ? Should they property owners also be given the rights to sue the city hall or local town councils for providing infrastructural supports and utility services that make it easy for these copyrights criminal to operate their illegal activities ?
Why not also drafting a law to held the property owners reponsible if their tenants conduct indecent sexual acts in the rented premises.

Stupid is as stupid does. I guess property owners should now seriously consider liquidating the investment in real estate, otherwise they may endup being punished for unknowingly letting out their premises for whatever illegal activities carryout by the tenants.

2 comments:

Anonymous said...

The Sunday Star
April 23rd 2006

Ridiculous to hold property owners accountable

I refer to the article entitled “Know your tenant” (April 21) where Domestic Trade and Consumer Affairs Minister Datuk Shafie Apdal warned owners of properties that they “cannot claim ignorance” and also “teach them to be more careful about who they rent the premises to”.

On the same note, I would like to ask if he can be held accountable if his officers were to misbehave?

Also, can a knife manufacturer be held accountable if his product is used to commit crime instead?

As long as the owner of the property signs a tenancy agreement and in good faith that it will be used for the purpose as agreed, his duty ends.

He cannot be a policeman to check whether the tenant commits crimes or offences.

Kow Tim
Kuala Lumpur

Anonymous said...

Please be fair to landlords
Letters to the Editor
The Star April 24th 2006
-------------------------------------

I REFER to the reports “Know your tenants well” and “Landlords can’t watch over retailers.”

Landlords are warned to know their tenants.

And this may be a law next year, said the Domestic Trade and Consumer Affairs Minister.

If pirated materials are found stored in their property, owners can be charged in courts. Is this fair to owners?

Isn’t it the Ministry's duty to check on illegal trade every where?

And how can owners know what is being done in their rented-out property?



BULBIR SINGH,
Seremban.