Governance of the Law on Online Public Fundraising in Malaysia: An Analysis of the House-to-House and Street Collections Act 1947

Abstract

The advent of digital platforms has transformed the way funds are raised for charitable, humanitarian, and personal causes. In Malaysia, online public fundraising has become increasingly common, yet it remains largely unregulated by specific legislation. This article critically examines the governance framework for such activities, focusing on the House-to-House and Street Collections Act of 1947 (Act 200) and the need for legal reform. This study does not examine the technical features of online payment systems or platform design, nor the economic debates on crowdfunding. This study adopts a doctrinal legal analysis centered on the legislation and regulatory requirements. The article observes that the law, having been introduced during the colonial period to govern charitable collections in public areas, has limited applicability to the current context of digital fundraising, rendering its relevance to online platforms both narrow and unclear. This article argues that the legal vacuum presents serious challenges in terms of transparency, accountability, and the potential for misuse of public trust. The findings conclude that the Act 200 is not suited to the digital environment and fails to address the complexities of online fundraising. This study offers comparative insights and policy recommendations to strengthen Malaysia’s governance in this evolving landscape.