Lawyer urges online sexual harassment victims to preserve digital evidence

 

Online sexual harassment is becoming an increasingly serious concern, with victims urged to act quickly to preserve digital evidence as crucial material can easily be deleted or altered, said former Selangor Bar chairperson Kokila Vaani Vadiveloo.

The lawyer said the rapid growth of social media, messaging applications and other digital platforms has created new avenues for sexual harassment, ranging from obscene messages and cyberstalking to unsolicited explicit images and sexual intimidation.

“The sooner evidence is preserved, the stronger the legal position becomes because digital material can easily be deleted or altered,” she said during the “Paarvai” talk show episode titled “Sexual Harassment: Courage to Break the Silence”, which will air on Bernama TV today at 7.30pm.

Kokila said victims should prioritise their personal safety before preserving evidence such as screenshots, WhatsApp conversations, emails, voice recordings, CCTV footage, photographs and witness details, noting that electronic evidence may be admissible in court if its authenticity can be established.

Legal protection

She pointed out that the Anti-Sexual Harassment Act 2022 defines sexual harassment as any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, with the legal framework increasingly recognising that harassment can also occur in digital spaces.

“Online harassment is very much recognised under the law. Section 233 of the Communications and Multimedia Act 1998 may apply to obscene, offensive, threatening, or harassing communications made through social media, WhatsApp, email, or online platforms,” she added.

Kokila stressed that victims should not be discouraged from coming forward even in the absence of direct evidence, as courts may consider witness testimony, surrounding circumstances, patterns of behaviour and consistency of statements in assessing a case.

Online harassment can be just as psychologically damaging as physical harassment, which the law recognises, as harmful content can spread rapidly and remain permanently online, exposing victims to emotional trauma, reputational harm and fear for their personal safety, she explained.

She said victims may lodge police reports where criminal conduct is involved, while workplace-related complaints can also be reported to employers, the Labour Department or the Tribunal for Anti-Sexual Harassment.

- Bernama