Policy overview
With limited exceptions (partially listed below), eBay does not permit the listing of law enforcement badges or official law enforcement equipment from any public entity, including badges issued by the government of any country.
Under Malaysian law, it is an offence to use or wear without authorisation, or supply to any person who is not lawfully authorised, any decoration, insignia or uniform of the police, army or local forces, or anything resembling it. It is also an offence to forge or tamper with, or use or have in his possession, any police or official pass, permit, or licence, etc.
There are a number of other laws in Malaysia that prohibit the supply, sale, use or import of police- or armed forces-related items. For more information, please see Additional Information below.
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Some examples
The following contains a partial list of police-related items that may not be listed on eBay:
- Official current or recent-issue police uniforms
- Badges from law enforcement agencies
- Military or armed forces badges
- Quasi-law enforcement badges (eg: fire department badges)
- Identification cards
- Credential cases
- Emergency vehicle lighting and sirens
- Badges issued by private security companies
- Traffic light control devices
- Copies or reproductions of police badges. Such badges infringe upon the copyright and trademark rights of the agency that issued the badges.
Sellers may list a law enforcement badge on eBay if:
- The law enforcement organisation that issues the badge states in writing that it does not object to the sale of the item, and
- Sellers post a copy of that letter with a valid law enforcement contact (name and phone number) on the site with the badge.
Additional information
- In Malaysia, under the Minor Offences Act 1955, it is an offence to use or wear without authorisation camouflage uniforms of armed forces of Malaysia or visiting force.
- Under the Police Act 1967 (Revised 1988), it is also an offence to supply or offer to supply, without lawful authority or excuse, any article which has been supplied to any police officer for the execution of his duty, or any medal or decoration or badge granted to any police officer.
- Under the Official Secrets Act 1972, it is an offence to:
- use or wear, without lawful authority, any naval, military, air force, police or other official uniform, or any uniform so nearly resembling the same as to be calculated to deceive, or
- forge, alter, tamper, use or have in his possession, any passport or any naval, military, air force, police or official pass, permit, certificate, licence or other document of a similar character.
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Under the Internal Security Act 1960, the Minister responsible for internal security may prohibit the wearing of, in public places or at meetings or gatherings to which the public or any section of the public has access, of any uniform, dress or emblem by members of any organisation if, in the opinion of the Minister, such members are organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the Police or of the Malaysian Armed Forces.
The Minister may, if he considers it in the national interest to do so, by order prohibit the manufacture, sale, use, wearing, display or possession of any flag, banner, badge, emblem, device, uniform or distinctive dress or any part thereof.
- In addition, it is also an offence under the Penal Code for any person to wear any garb or carry any token used by a member of the Armed Forces Police or public servant.
- Under the Customs (Prohibition of Import) Order 1998 and Customs (Prohibition of Export) Order 1998, it is an offence to import, export or tranship any military uniforms or equipment, bullet-proof vests, steel helments or articles of clothing intended as protection against attack without a licence.
Why does eBay have this policy?
eBay has put in place such a policy to cooperate with the government in preventing any unauthorised use of police-related items for any illegal activities or to the detriment of public interest. eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of certain police-related items are prohibited by law, regulated, or may cause harm to eBay or its members, sellers may not list them on eBay.
