Social activist Kamal Affandi Hashim said the proposed anti-stalking law, which seeks to make both virtual and physical stalking a criminal offence, would be a good start to expand on existing laws.
“Currently, laws under the Communications and Multimedia Act are only limited to banning offensive content or inappropriate network use while the Penal Code only covers statements related to race, religion and threats.
“Victims of online harassment are unable to seek action against perpetrators under these laws as the scope of enforcement does not cover it,” he told FMT.
Kamal said the anti-stalking bill is a proactive measure to ensure wider protection for every Malaysian under the law, especially for victims of domestic violence.
Women’s Aid Organisation (WAO) deputy executive director Yu Ren Chung said the bill was crucial because stalking can seriously affect a victim’s well-being.
“It can cause severe fear and trepidation. It’s crucial that the proposed bill provides protection to victims of domestic violence by prohibiting the aggressor from approaching them,” he said.
Citing data from a WAO study conducted last year, Yu said that a third of Malaysians have experienced stalking to the point it caused fear, adding that this included 39% of women.
He said the proposed anti-stalking law must ensure that victims are protected for an extended period of time and not simply limited to the period that the authorities were probing the case or during the court process.
On Aug 4, deputy law minister Mas Ermieyati Samsudin tabled the anti-stalking bill in the Dewan Rakyat for the first reading. The bill seeks to amend the Penal Code (Act 574) to make stalking, whether virtually or otherwise, an offence punishable by imprisonment for up to three years, a fine, or both if convicted.
According to the bill that was distributed in the lower house, the proposed new section reads: “Whoever repeatedly by any act of harassment, intending to cause, or knowing or ought to know that the act is likely to cause distress, fear or alarm to any person of the person’s safety, commits an offence of stalking.”
Mas Ermieyati said the bill would be presented for a second reading at the next Dewan Rakyat meeting scheduled for October.