Dewan Rakyat passes anti-bullying and harassment laws

 

Overall, the new laws passed by the Dewan Rakyat provide up to 10 years in prison in severe cases. (Bernama pic)

KUALA LUMPUR: 

The Dewan Rakyat has passed amendments to the Penal Code to tackle bullying and harassment, including online abuse.

Under the amendments, acts that cause harassment, distress or fear, as well as the misuse of identity information to harm others will be illegal.

The new sections also criminalise those who publicise private information – commonly referred to as “doxxing” – with the intent to harass or harm.

Those who create revenge porn or leak compromising content of their former partners can be also held liable.

Overall, the new laws provide up to 10 years in prison in severe cases.

In tabling the amendments, law and institutional reform minister Azalina Othman Said said the new laws include an “Esha clause”, which criminalises those who provoke others to harm themselves.

The “Esha clause” is named in remembrance of Rajeswary Appahu, an influencer who had taken her own life after being harassed online.

“Current laws do not adequately address psychological or emotional threats, especially those carried out through digital means like social media or messaging apps,” Azalina said.

She also defended the lack of mens rea (intent) in Section 507C of the Penal Code to make sure that the act of bullying is thoroughly addressed, regardless if there was intent or not.

Azalina said making this law a strict liability offence, or a law that does not require prosecutors to prove intent by the offender, was decided to make sure offenders do not exploit legal loopholes to avoid prosecution.

“Bullying today is more complex, and we must ensure the law captures actions that cause harm, even when intent cannot be clearly proven,” she said.

Azalina said the accused would be fairly treated, as the new laws allow them to defend themselves by proving that they had no reasonable grounds to believe their actions would be perceived as harmful or distressing.

Hassan Karim (PH-Pasir Gudang) called the new laws “one of the best for the country”, claiming it came on the back of more regressive laws passed of late.

He asked for judges to prioritise fines over jail time, given the overcrowding in prisons.

The laws were passed with a voice vote and will now head to the Dewan Negara for further debate. - FMT