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Article
Publication date: 15 September 2023

Samuel Ihuoma Nwatu, Edwin Chukwuemeka Arum and Ikechukwu P. Chime

The purpose of this paper, therefore, is to amplify the imperativeness for a re-oriented regulatory approach that prioritizes constructive engagement with the regulated…

Abstract

Purpose

The purpose of this paper, therefore, is to amplify the imperativeness for a re-oriented regulatory approach that prioritizes constructive engagement with the regulated communities, harnessing the existing pool of savings and retention of market participation.

Design/methodology/approach

The paper adopts a doctrinal legal research design with data drawn from primary and secondary sources of law. The primary sources include case laws and statutes, and the secondary sources include book chapters, journal articles and other internet-sourced materials.

Findings

The paper finds that the status quo in Nigeria if left to continue would spell severe economic disaster for Nigeria’s securities administration, but a well-structured realignment of the regulations would boost the country’s securities market effectiveness.

Research limitations/implications

The research’s conclusions and suggestions might only be applicable to Nigeria’s particular situation with regard to capital market development and securities regulation. Other nations or locations with distinct regulatory systems, market structures and economic situations may not be able to immediately adapt it. When extending the research results outside of the Nigerian environment, caution should be exercised. For regulatory agencies and policymakers, the research offers insightful suggestions. The analysis may pinpoint certain areas where policy changes are required to address reoccurring problems and improve the chances for a healthy capital market.

Practical implications

For Nigeria’s regulatory frameworks controlling securities to be strengthened, this paper would be crucial. To make sure they are in line with global best practices, this entails examining and revising current laws, rules and standards. A stronger regulatory environment may also result from the implementation of harsher enforcement procedures and consequences for noncompliance. It is also required for creating market infrastructure, fostering market integration and cooperation, facilitating access to capital, monitoring and evaluation. It would also benefit investor education and protection.

Social implications

Addressing these persistent issues and potential remedies in Nigeria’s capital market development and securities regulation would have various advantageous social effects. These include improved market infrastructure, more financial inclusion, improved investment protection for investors and improved market openness and integrity. Such results will help Nigerian society as a whole by fostering economic expansion, job creation, wealth distribution and general social progress.

Originality/value

This paper is the original work of the authors and has not been published anywhere nor submitted to another journal for publication.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 10 November 2023

Waluyo and Dona Budi Kharisma

Football supporters have safety and security guarantees, but protection rights abuses in the Kanjuruhan Indonesia stadium tragedy. This study aims to create a design regulation to…

Abstract

Purpose

Football supporters have safety and security guarantees, but protection rights abuses in the Kanjuruhan Indonesia stadium tragedy. This study aims to create a design regulation to protect the protection rights of football supporters in the world.

Design/methodology/approach

This is a socio-legal study. The law, cases and conceptual methods are the research methodologies. The process of collecting data uses a literature review. The gathered facts and information are next examined both qualitatively and descriptively.

Findings

The tragedy that occurred at the Kanjuruhan Stadium is the worst tragedy of Indonesian football. The key factor behind the tragedy was the mechanism for securing football matches regulated in the acts and regulations in Indonesia, which were out of sync and contrary to Federation Internationale de Football Association (FIFA) regulations. The Indonesian National Police Regulation (Perkapolri) permits the use of firearms, tear gas and force, whereas this is actually prohibited by the FIFA Stadium Safety and Security Regulation (FSSSR). In this tragedy, protection rights abuses occurred. Then, the Indonesian Sport Act (ISA) 2022 does not yet regulate crucial matters, especially safety and security in sports competitions to protect players, referees, spectators/supporters and other match organizers.

Research limitations/implications

This study examines various regulations relating to sports, especially football matches with a focus on studies in Indonesia.

Practical implications

The results of this research help realize protection rights for football supporters and create designs regulation to protect protection rights for football supporters worldwide.

Social implications

The design regulation recommended in this study is useful for preventing disasters in football and protecting football supporters, players, referees and parties in matches from acts of violence.

Originality/value

Learning from the Kanjuruhan tragedy, to prevent this from happening again, the adoption of the FSSSR into Indonesian legislation, created the Safety of Sports Grounds Act and the establishment of the Indonesian Football Policing Unit are recommendations that need to be considered.

Details

Safer Communities, vol. 22 no. 4
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 26 March 2024

Jaspreet Kaur

This study aims to determine experimentally factors affecting the satisfaction of retail stock investors with various investor protection regulatory measures implemented by the…

Abstract

Purpose

This study aims to determine experimentally factors affecting the satisfaction of retail stock investors with various investor protection regulatory measures implemented by the Government of India and Securities and Exchange Board of India (SEBI). Also, an effort has been made to gauge the level of satisfaction of retail equities investors with the laws and guidelines developed by the Indian Government and SEBI for their invested funds.

Design/methodology/approach

To accomplish the study’s goals, a well-structured questionnaire was created with the help of a literature review, and copies of it were filled by Punjabi retail equities investors with the aid of stockbrokers, i.e. intermediaries. Amritsar, Jalandhar, Ludhiana and Mohali-area intermediaries were chosen using a random selection procedure. Xerox copies of the questionnaire were given to the intermediaries, who were then asked to collect responses from their clients. Some intermediaries requested the researcher to sit in their offices to collect responses from their clients. Only 373 questionnaires out of 1,000 questionnaires that were provided had been received back. Only 328 copies were correctly filled by the equity investors. To conduct the analysis, 328 copies, which were fully completed, were used as data. The appropriate approaches, such as descriptives, factor analysis and ordinal regression analysis, were used to study the data.

Findings

With the aid of factor analysis, four factors have been identified that influence investors’ satisfaction with various investor protection regulatory measures implemented by government and SEBI regulations, including regulations addressing primary and secondary market dealings, rules for investor awareness and protection, rules to prevent company malpractices and laws for corporate governance and investor protection. The impact of these four components on investor satisfaction has been investigated using ordinal regression analysis. The pseudo-R-square statistics for the ordinal regression model demonstrated the model’s capacity for the explanation. The findings suggested that a significant amount of the overall satisfaction score about the various investor protection measures implemented by the government/SEBI has been explained by the regression model.

Research limitations/implications

A study could be conducted to analyse the perspective of various stakeholders towards the disclosures made and norms followed by corporate houses. The current study may be expanded to cover the entire nation because it is only at the state level currently. It might be conceivable to examine how investments made in the retail capital market affect investors in rural areas. The influence of reforms on the functioning of stock markets could potentially be examined through another study. It could be possible to undertake a study on female investors’ knowledge about retail investment trends. The effect of digital stock trading could be examined in India. The effect of technological innovations on capital markets can be studied.

Practical implications

This research would be extremely useful to regulators in developing policies to protect retail equities investors. Investors are required to be safeguarded and protected to deal freely in the securities market, so they should be given more freedom in terms of investor protection measures. Stock exchanges should have the potential to bring about technological advancements in trading to protect investors from any kind of financial loss. Since the government has the power to create rules and regulations to strengthen investor protection. So, this research will be extremely useful to the government.

Social implications

This work has societal ramifications. Because when adequate rules and regulations are in place to safeguard investors, they will be able to invest freely. Companies will use capital wisely and profitably. Companies should undertake tasks towards corporate social responsibility out of profits because corporate houses are part and parcel of society only.

Originality/value

Many investors may lack the necessary expertise to make sound financial judgments. They might not be aware of the entire risk-reward profile of various investment options. However, they must know various investor protection measures taken by the Government of India & Securities and Exchange Board of India (SEBI) to safeguard their interests. Investors must be well-informed on the precautions to take while dealing with market intermediaries, as well as in the stock market.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 20 April 2023

Mohsin Dhali, Shafiqul Hassan, Saghir Munir Mehar, Khuram Shahzad and Fazluz Zaman

The purpose of the study is to show that divergent perceptions among regulators, the regulated and the associated regulatory bodies across multiple jurisdictions regarding the…

Abstract

Purpose

The purpose of the study is to show that divergent perceptions among regulators, the regulated and the associated regulatory bodies across multiple jurisdictions regarding the nature and functionality of cryptocurrencies hamper the development of a more comprehensive and coherent regulatory framework in curbing crimes and other related risks associated with cryptocurrencies.

Design/methodology/approach

The study has used a descriptive doctrinal legal research method to investigate and understand the insights of existing laws and regulations in four selected jurisdictions concerning cryptocurrencies and how these laws could be further improved and developed to reduce crypto-related crimes. Furthermore, the study has also used a comparative research method to conceptualize the contours of the new legal discourse emerging from cryptocurrencies to adopt and implement a sound regulatory framework.

Findings

The study illustrated that divergent regulatory treatment among different jurisdictions might suffocate novel digital innovations such as cryptocurrency. These fragmented regulatory approaches by various jurisdictions question the sustainability of the present national legislation adopted to regulate cryptocurrencies. Looking into other jurisdictional developments in regulating cryptocurrencies, it is apparent that a concerted regulatory approach is needed to minimize the abuse of this innovation.

Research limitations/implications

The study has implications for regulators and policymakers to review the current regulatory framework for regulating cryptocurrencies to prevent regulatory arbitrage. The divergent legislative measures concerning cryptocurrency among different jurisdictions question the sustainability of these legislative initiatives, considering the evolving and borderless nature of cryptocurrency. Therefore, this paper will help regulators to consider the present legislative gaps in establishing a common global regulatory approach in the crypto sphere.

Originality/value

The study contributes to the existing body of literature by examining the regulatory frameworks of four jurisdictions, namely, the USA, Canada, China and the EU, related to cryptocurrencies, with a discussion on the development of cryptocurrencies-related laws among these four jurisdictions and their sustainability in curbing crimes in the Darknet.

Details

International Journal of Law and Management, vol. 65 no. 3
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 12 March 2024

Utkarsh Shrivastava, Bernard Han, Ying Zhou and Muhammad Razi

Sharing patient health information (PHI) among hospitals has been much slower than the adoption of health record systems. This paper aims to investigate if privacy regulation (PR…

Abstract

Purpose

Sharing patient health information (PHI) among hospitals has been much slower than the adoption of health record systems. This paper aims to investigate if privacy regulation (PR) or security measures (SMs) influence hospitals’ use of health information exchange (HIE) to share PHI with other providers (e.g. physicians, labs, hospitals). The study specifically focuses on how multiple PRs can impede and a strong national security infrastructure (NSI) can support HIE.

Design/methodology/approach

The study uses secondary data from a multi-national and multi-hospital survey administered by the European Union. The multi-level structure of the cross-sectional panel data is used to test the influence of both hospital-level (e.g. PR) and national-level variables (e.g. NSI) on HIE. A total of nine types of HIE, three types of PRs, nine SMs and other relevant control variables are considered. This study uses a two-level random intercept generalized linear model to test the hypothesis proposed in the study.

Findings

The study finds that national-level PRs (NLPR) have the strongest positive influence on HIE in comparison to regional (RLPR) and hospital-level (HLPR) PRs. Moreover, the study finds evidence that the presence of RLPR and HLPR, on average, decreases the positive impact of NLPR by 264%. The SMs also have a significant and positive impact on HIE. Adoption of an additional SM can increase the odds of engaging in a certain type of HIE between 21% and 61%. On the other hand, a strong NSI can also amplify the positive impact of SM on certain types of HIE.

Originality/value

This study extends prior research on the role of PRs in enabling HIE by considering the complexities brought up by adopting multiple PRs. NLPRs have the strongest impact on HIE in comparison to RLPRs or HLPRs. Moreover, public infrastructure initiatives such as those related to secure communications can also complement SMs adopted by the providers by encouraging HIE.

Details

Digital Policy, Regulation and Governance, vol. 26 no. 3
Type: Research Article
ISSN: 2398-5038

Keywords

Article
Publication date: 30 June 2022

Kin Wai Lee and Tiong Yang Thong

This paper examines contextual factors that affect the association between board gender diversity and firm performance.

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Abstract

Purpose

This paper examines contextual factors that affect the association between board gender diversity and firm performance.

Design/methodology/approach

The authors use a global sample of listed firms in the tourism industry in 30 countries from 2015 to 2020.

Findings

First, firm performance is positively associated with the proportion of female directors on a board. Second, the positive association between firm performance and the proportion of female directors on the board is higher in (1) countries with stronger shareholder rights, (2) countries with stronger securities law regulation stipulating disclosure of board diversity, (3) countries with stronger economic empowerment of women, and (4) during the COVID-19 crisis. Third, corporate financial distress risk is lower in firms with higher proportion of female directors on the board. Fourth, the negative association between corporate financial distress risk and the proportion of female directors on the board is more pronounced in (1) countries with stronger securities law regulations stipulating disclosure of board gender diversity, (2) countries with stronger economic empowerment of women, and (3) during the COVID-19 crisis.

Originality/value

The results indicate that contextual factors (comprising country-level corporate governance structures, economic empowerment of women and economic crisis) can affect the association between board gender diversity and firm performance.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 42 no. 4
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 3 October 2023

Shao-Fang Wen and Basel Katt

Security assurance evaluation (SAE) is a well-established approach for assessing the effectiveness of security measures in systems. However, one aspect that is often overlooked in…

Abstract

Purpose

Security assurance evaluation (SAE) is a well-established approach for assessing the effectiveness of security measures in systems. However, one aspect that is often overlooked in these evaluations is the assurance context in which they are conducted. This paper aims to explore the role of assurance context in system SAEs and proposes a conceptual model to integrate the assurance context into the evaluation process.

Design/methodology/approach

The conceptual model highlights the interrelationships between the various elements of the assurance context, including system boundaries, stakeholders, security concerns, regulatory compliance and assurance assumptions and regulatory compliance.

Findings

By introducing the proposed conceptual model, this research provides a framework for incorporating the assurance context into SAEs and offers insights into how it can influence the evaluation outcomes.

Originality/value

By delving into the concept of assurance context, this research seeks to shed light on how it influences the scope, methodologies and outcomes of assurance evaluations, ultimately enabling organizations to strengthen their system security postures and mitigate risks effectively.

Details

Information & Computer Security, vol. 32 no. 2
Type: Research Article
ISSN: 2056-4961

Keywords

Article
Publication date: 6 April 2023

Akanksha Jumde and Nishant Kumar

This paper aims to focus on compliance of workplace sexual harassment-related provisions under Indian companies and securities law, based on an empirical analysis of companies’…

Abstract

Purpose

This paper aims to focus on compliance of workplace sexual harassment-related provisions under Indian companies and securities law, based on an empirical analysis of companies’ sexual harassment-related disclosures contained within their directors’ annual reports (ARs). Specifically, sections devoted to sexual harassment-related disclosures, inbuilt within directors’ ARs for the financial year 2019–2020 for a selected sample of companies listed under the National Stock Exchange, have been analysed.

Design/methodology/approach

To examine the nature of companies’ disclosures to demonstrate their compliance with statutory requirements under the POSH law, aligned with the Companies (Accounts) Rules, 2014 and Securities and Exchange Board of India’s regulations, an empirical-based, descriptive content analysis of ARs of 200 listed companies were used.

Findings

This study primarily finds that the majority of companies from the sample have disclosed to have prepared a corporate-level policy, as required under the POSH law. As also required under the POSH law, companies, reportedly, have constituted an Internal Complaints Committee to adjudicate and dispose of incidents related to sexual misconduct reported at their workplaces. However, companies lack in disclosing qualitative information, with sufficient detail, on many important aspects related to prevention and resolution of reported cases of workplace sexual harassment.

Originality/value

This paper adds to the broader narrative of the lacunae within the disclosure and reporting requirements on enhancing the liabilities of the companies to prevent and address sexual harassment under India’s corporate and securities regulations.

Details

International Journal of Law and Management, vol. 65 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 13 September 2023

Prasetyo Adi Wibowo Putro, Dana Indra Sensuse and Wahyu Setiawan Setiawan Wibowo

This paper aims to develop a framework for critical information infrastructure (CII) protection in smart government, an alternative measure for common cybersecurity frameworks…

Abstract

Purpose

This paper aims to develop a framework for critical information infrastructure (CII) protection in smart government, an alternative measure for common cybersecurity frameworks such as NIST Cybersecurity Framework and ISO 27001. Smart government is defined as the government administration sector of CII due to its similarity as a core of smart technology.

Design/methodology/approach

To ensure the validity of the data, the research methodology used in this paper follows the predicting malfunctions in socio-technical systems (PreMiSTS) approach, a variation of the socio-technical system (STS) approach specifically designed to predict potential issues in the STS. In this study, PreMiSTS was enriched with observation and systematic literature review as its main data collection method, thematic analysis and validation by experts using fuzzy Delphi method (FDM).

Findings

The proposed CII protection framework comprises several dimensions: objectives, interdependency, functions, risk management, resources and governance. For all those dimensions, there are 20 elements and 41 variables.

Practical implications

This framework can be an alternative guideline for CII protection in smart government, particularly in government administration services.

Originality/value

The author uses PreMiSTS, a socio-technical approach combined with thematic analysis and FDM, to design a security framework for CII protection. This combination was designed as a mixed-method approach to improve the likelihood of success in an IT project.

Details

Information & Computer Security, vol. 32 no. 1
Type: Research Article
ISSN: 2056-4961

Keywords

Article
Publication date: 8 June 2023

Rajyalakshmi Kandukuri

Stockbrokers’ frauds in India frequently occur, causing investors significant financial loss. This study aims to unfold the various dubious practices adopted by stock brokers in…

Abstract

Purpose

Stockbrokers’ frauds in India frequently occur, causing investors significant financial loss. This study aims to unfold the various dubious practices adopted by stock brokers in the recent past to defraud investors and the necessary corrective regulations passed by the market regulator to prevent and detect fraud.

Design/methodology/approach

The authors conduct exploratory research using a collective model of literature review, case studies and regulatory changes.

Findings

The authors find tightening the system’s loopholes and strengthening the regulatory system using technology helps in the early detection and prevention of fraud. Media activism and investors’ awareness play a role in reducing incidences of fraud.

Research limitations/implications

This study unfolds the practices followed by stock brokers to defraud investors, indicative of regulatory gaps and enforcement lapses. Regulators are evolving a robust system to curb these practices and make them on par with international standards. But, it has a long way to go.

Practical implications

Robust fraud detection and prevention mechanism is desirable to restore investors’ confidence in the stock market. Regulators should focus on investors’ protection and education and whistleblowers’ protection. Compared to the market regulators worldwide, the Securities and Exchange Board of India has less power to identify, detect and punish fraudulent brokers and needs to be empowered.

Social implications

Besides the regulatory changes, strict enforcement and investor campaigns are required to increase public awareness and restore trust in the stock market to combat the recurrence of fraud.

Originality/value

This paper can be helpful to regulators, investors and financial intermediaries like stock brokers and aid in strengthening the reliability of capital markets and restoring investors’ confidence.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

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