ISSN: 2222-6990
Open access
When the Traditional and Complementary Medicine Act 2016 (Act 775) came into force, it aimed to medicalize and standardize traditional wellness practices in Malaysia by bringing centuries-old healing traditions to a statutorily governed healthcare profession. However, the rapid expansion of the digital gig economy has fundamentally undermined this statutory framework. Recently, unregistered mobile therapists have marketed their services through social media platforms such as Telegram channels, Threads, and Facebook posts, booking clients for private “incall” or “outcall” sessions at homes and hotels and bypassing Act 775 and its by-laws. Mobile massage therapy currently operates in a regulatory grey zone, producing inconsistent service quality and serious consumer risks. This paper thoroughly analyzes the statutory limitations of Act 775 and the Traditional and Complementary Medicine Regulations 2021 (Regulation 2021) as they apply to gig-economy wellness practitioners and evaluates the resulting consumer protection gaps. Adopting a doctrinal legal research methodology and supported by secondary socio-legal literature, this paper primarily examines Act 775 and Regulation 2021, supported by relevant tortious case law. The central findings indicate that the diffuse nature of gig work paralyzes current enforcement strategies. Furthermore, stringent education-based entry barriers in subsidiary legislation economically drive at-risk workers into the informal economic sector. At the same time, consumers assume significant medical risks because intermediary platforms lack liability. This study stresses the vital need to update healthcare statutes to regulate online wellness platforms operating outside current regulatory regimes.
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