The Private Higher Educational Institutions (Advertisements) Regulations 1997 (‘Principal Regulations’) which regulate the issue of advertisements by Private Higher Educational Institutions (‘PHEI’) will be tightened when the Private Higher Educational Institutions (Advertisements) (Amendment) Regulations 2019 (‘Amendment Regulations’) come into operation on 15 March 2019.
 
Under the original Regulation 3 of the Principal Regulations, a PHEI may issue advertisements upon its establishment being approved under section 10 of the Private Higher Educational Institutions Act 1996 (‘Act’). 
 
Regulation 3 of the Principal Regulations will be amended under the Amendment Regulations to require a PHEI to include its registered name and registered address in its advertisement. This suggests that a PHEI may now only issue advertisements after it has been registered under section 24 of the Act.
 
The Amendment Regulations replaces Regulation 4 of the Principal Regulations by introducing the new requirements for advertisements relating to an approved course of study or training issued by a PHEI. The new Regulation 4 requires the following particulars to be included in advertisements for an approved course of study or training -
 

 

 

 

 
The Amendment Regulations also provide that a PHEI which contravenes Regulation 3 or Regulation 4 of the Principal Regulations shall, upon conviction, be liable to a fine not exceeding RM10,000 or to imprisonment for a term not exceeding one month or to both.