Legal measure: Experts say the anti-bullying law should align with existing laws. — Reenactment/The Star
FIFTEEN years ago, Ahmad Deris endured six months of relentless bullying. Now a 30-year-old e-commerce trader, he vividly recalls handing over pocket money and enduring punches from his tormentors.
“Maybe I was scrawny and quiet back then, an easy target. It stopped only after one of them hit me hard enough to leave a cut on my forehead,” he shares.
His parents and school intervened, resulting in expulsions and apologies. However, many bullying cases escalate with devastating consequences.
In 2017, Universiti Pertahanan Nasional Malaysia student Zulfarhan Osman Zulkarnain was tortured and murdered by six peers. This horrific bullying case shocked the nation. Unfortunately, it was not the first and will likely not be the last.
At UPNM, it was definitely not the last incident; last month, another student, Muhammad Haziq Iqbal Ahmad Rashidi, 19, was stomped on his abdomen, leading to injuries on his spine and ribs, while Muhammad Salman Mohd Saiful Surash, 20, had a hot steam iron pressed against his chest, resulting in second-degree burns.
Cyberbullying is also on the rise. According to the Malaysian Communications and Multimedia Commission, it received 27 cyberbullying-related complaints a day in the first 10 months of this year.
This is a spike from 10 cases per day recorded in the same period last year. In total, from January to Nov 1, a total of 8,399 cyberbullying related reports and complaints were received.
This year, a cyberbullying case involving two individuals also led to the death of social media influencer A. Rajeswary, known as Esha.
Such cases highlight the need for a dedicated anti-bullying law.
Make it a crime
Currently, perpetrators are charged under broad provisions in the Penal Code, leaving gaps in addressing the issue comprehensively.
Lawyer Wan Azliana Wan Adnan, who is also the Malaysian Women Aspiration Organisation chairman, points out that although Malaysia has the Penal Code and various regulations, guidelines such as the Education Ordinance, 1957, Education Regulations (School Discipline), 1959, and related circulars, a specific anti-bullying law is still needed to improve and strengthen the existing laws.
“To date, there is still no specific provision that can provide a complete, comprehensive, solid and robust definition and interpretation of what can be considered as an act of bullying."
Azliana: Charging bullying as a crime can be a powerful step in addressing bully cases. — Facebook
She says the enactment of a specific anti-bullying act would be an opportunity to provide a clear and specific definition of bullying – mental or physical – and establish punishments tailored to the severity of the acts.
“Bullying can have long-lasting effects. It is no longer a disciplinary matter. It is a crime, (especially when it) escalates to harassment and physical harm that crosses the line of disciplinary issues, into criminal territory.
“Charging bullying as a crime can be a powerful step in addressing bully cases. When bullying crosses into criminal behaviour such as assault, taking legal action will not only provide justice to victims but also deter others from engaging in similar actions.”
Azliana is no stranger to representing bully victims in court.
From 2017 to early this year in April, she handled a case in which the Federal Court restored a High Court ruling which awarded about RM600,000 in damages to a former student who suffered permanent ear damage as a result of bullying by five seniors.
“After handling that case – which is the first where a court recognised bullying and its legal consequences – and a few other bully cases, I have witnessed the devastating impact bullying can have on individual school children, teenagers and their families.”
Redefining bullying
The traditional view of bullying as a behaviour confined to specific locations or demographics is outdated. This narrow perspective fails to capture the broader, more insidious forms of bullying that now extend beyond structured environments, such as schools, and impact individuals of all ages in both physical and online spaces.
According to Universiti Sains Malaysia criminologist and psychologist Assoc Prof Dr Geshina Ayu Mat Saat, a modern understanding of bullying acknowledges its pervasive nature and profound, lasting harm. She expounds on the need for comprehensive prevention and intervention strategies that go beyond superficial measures.
“Changing times, social contexts and the evolving nature of bullying necessitate a more dynamic definition. Bullying is not limited to schools, schoolchildren, or teenagers, or is it confined to physical harm or financial losses,” she says.
“Bullying can occur anywhere – within private relationships, physical or virtual spaces – and can be perpetrated by anyone. The resulting harm may range from emotional scars to lifelong trauma, or even lead to suicide.”
Geshina: There is a need for comprehensive prevention and intervention strategies that go beyond superficial measures. — CHAN BOON KAI/The Star
Geshina advocates for a task force that engages all levels of society to better understand bullying, including the perspectives of both bullies and victims.
She highlights six psychological elements, termed “ABCDEF” – Affect, Behaviour or Belief, Cognition, Desire, Emotion, and Fantasy – that need exploration to understand and address bullying behaviour.
“Over the years, various theories have been developed to explain bullying, but none has holistically examined the interrelated factors of ABCDEF combined with learning and social contexts (LS) that shape a pro-criminal psyche. Most approaches focus on cognition and behaviour, as seen in the widespread use of Cognitive Behavioural Therapy (CBT) and Behaviour Modification.”
Dr Geshina calls for a comprehensive, multidisciplinary approach to address delinquency and criminality, including bullying. This includes establishing a legal definition of bullying that evolves through periodic review.
Currently, bullying in Malaysia lacks direct legal recognition, leaving victims without clear recourse.
“Although Malaysian laws imply certain aspects of bullying under specific sections, implication does not equate to certainty.
“Why is it that bullying – often involving elements of a crime – is only taken seriously when it results in reported victimisation or severe outcomes, unlike universally recognised crimes such as murder?”
What an anti-bullying act should entail
A comprehensive anti-bullying act must address all forms of bullying – physical, mental, or verbal – whether online or offline, says Azliana. She emphasises the need for clear punishments, institutional responsibilities and protections for victims and whistleblowers.
“Most importantly, bullying will be recognised by law as a punishable offence with the establishment of the act.”
Geshina adds that punishment serves to uphold justice, deter crime and correct behaviour. However, approaches should differ for adults and children to ensure both understanding and effectiveness.
She stresses that effective prevention and intervention strategies must be multi-layered, incorporating proactive and reactive measures at all societal levels. These should include education, training, support services and legal processes.
“In other words, bullying is not a simple, direct action. For instance, if the social context, learning and belief system of a suspect underlie their bullying behaviour, despite knowing right from wrong, and the penalty for their actions is merely a fine of RM100, how does this prevent future bullying – either by them or others in society?”
Addressing bullying, Geshina says, requires a nuanced understanding of its psychosocial and criminogenic factors, recognising that behaviour results from both nature and nurture.
“A child does not become a bully by nature alone. The bully psyche is also nurtured. Combating this involves both proactive measures – before bullying begins – and reactive measures – after an incident occurs. This approach spans primary, secondary, tertiary and situational levels of crime prevention.
“Among other efforts, this includes screening and monitoring, accessible protection and intervention services for vulnerable children, strong community support for victims and swift case management.”
Regarding the proposed Online Safety Bill, aimed at closing legal loopholes around bullying, Geshina suggests it should complement an anti-bullying bill.
“However, it must be flexible to adapt to changes in human behaviour over time and to address the evolving forms of bullying.”
She also advocates for simplified reporting mechanisms for victims and their families, as well as faster investigations and trials.
“Enforceable protection orders should be available upon submission of a report, especially in cases involving physical or violent bullying.”
A collective responsibility
Azliana highlights that legal intervention can be a powerful tool to hold bullies accountable and ensure that organisations, schools and institutions implement effective preventive measures.
ALSO READ: Countries with anti-bullying laws
She stresses that schools and universities, for example, have a responsibility to create safe environments and actively prevent bullying.
“These institutions should have clear anti-bullying policies that define what constitutes bullying and outline its consequences.
“These policies must be well-communicated to students, teachers and parents. Schools and universities should also implement systems for students to report bullying, ensuring confidentiality.”
Azliana adds that it is essential for teachers and staff members to undergo training to identify and manage bullying incidents effectively.
“Schools should monitor high-risk areas, such as dormitories and school halls, where bullying is more likely to occur.”
She says a firm stance against bullying and holding perpetrators accountable, remains crucial.
“Punishments like school suspension are no longer effective in cases involving bullying assaults. Recognising bullying as a crime could compel schools, authorities and even law enforcement – such as the police or Attorney-General’s office – to act decisively in holding offenders accountable.”
