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Anti-bullying law tabled in Malaysia's Dewan Rakyat, to create tribunal with wide-ranging powers

Choy Nyen Yiau / theedgemalaysia.com
Choy Nyen Yiau / theedgemalaysia.com • 3 min read
Anti-bullying law tabled in Malaysia's Dewan Rakyat, to create tribunal with wide-ranging powers
Malaysia's Parliament building in Kuala Lumpur. (The Edge filepix by Zahid Izzani)
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KUALA LUMPUR (Dec 1): Malaysia has tabled an anti-bullying law that seeks to create a tribunal to address complaints, prevent and manage bullying cases in educational and other institutions.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the bill for its first reading in the Dewan Rakyat on Monday, with debate set for Dec 3 during the second and third readings.

Under the proposed bill, Clause 3 defines bullying as any deliberate act directed at a victim — whether repeated or a single severe incident — that causes physical, psychological, or social harm.

Bullying may include actions that cause physical harm to a person or their belongings; verbal abuse, threats, or language that damages psychological wellbeing; acts intended to socially isolate a victim, damage their reputation, or create a hostile environment; and behaviour that humiliates or discriminates based on sex, race, religion, or disability.

The definition also covers such acts when carried out through electronic or digital communications.

Clause 25 provides for the creation of an Anti-Bullying Tribunal, aimed at strengthening avenues for redress. Clause 26 outlines the Tribunal’s membership, which will be appointed by the minister and led by a president and deputy president from the judicial and legal service.

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It will include at least five legally qualified members — either former judicial officers or lawyers with at least seven years’ experience in child-related matters, and at least five additional members with expertise in areas such as child development, psychology, or restorative justice.

The tribunal’s jurisdiction, stipulated under Clause 27, covers cases that occur under the supervision of an educational or other institution, particularly when a complainant claims no action was taken by the relevant committee or that the case was mishandled.

Cases may also be referred to the Tribunal with the complainant’s consent.

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The tribunal may further hear cases involving child victims who are students but were bullied outside the institution’s supervision, as well as cases involving children who are not under the supervision of any institution.

Clause 43 grants the tribunal wide-ranging powers to address bullying cases. It may order respondents to issue a statement of apology, remove bullying-related content from social media or digital platforms, reimburse victims for expenses, or pay compensation of up to RM250,000 for losses or damages.

Respondents, or their parents or guardians in the case involving children, may also be required to attend programmes, counselling, or parenting support sessions.

Under Clause 44, anyone who fails to comply with a tribunal award within 30 days will face criminal penalties. In cases where award involves compensation or damages, offenders may be fined up to twice the total amount, sentenced to up to two years’ imprisonment, or both.

For awards without compensation or damages, the maximum fine is RM10,000, with the same imprisonment provision. For continuing offences, additional daily fines of up to RM1,000 may be imposed for each day the non-compliance persists after conviction.

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