Experts call for stronger, clearer legislation to protect victims
PETALING JAYA: It is time for the nation to have a dedicated anti-bullying law to address the issue comprehensively, says Gerakan Gubal Akta Anti Buli (GAB).
GAB chairperson Wan Azliana Wan Adnan said that while there are current provisions to deal with bullying, there is no specific law that states bullying is a crime, nor is there a legal definition of bullying.
She noted that the recent Federal Court case of “Ahmad Ikhwan Ahmad Fauzi vs Mohd Fahimi Endut and others” was a good example where the courts found it difficult to clearly define what bullying is, owing to lack of a legal definition.
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“A dedicated Anti-Bullying Act is necessary, just as Malaysia has enacted the Sexual Harassment Act, to ensure clear definitions, protections and penalties,” she said when contacted yesterday.
She noted that several other countries have enacted specific anti-bullying laws to protect victims and tackle the issue effectively.
“Malaysia should do the same. This will make it clear, in law, that bullying is a crime and will not be tolerated,” she added.
She said the anti-bullying law should encompass all forms of bullying, physical, mental, including online, regardless of whether the victims are children or adults.
Wan Azliana, a lawyer and anti-bullying advocate, said GAB has been pushing for such a law since 2022.
“We even submitted a memorandum and suggestions to the former Law Minister as well as the Education Ministry,” she said.
Malaysian Bar president Mohamad Ezri Abdul Wahab said that while a dedicated anti-bullying law will offer a more comprehensive solution to the problem, it would take some time for the law to be drafted and passed by Parliament.
“In the meantime, existing laws must be strengthened and enforced without delay to protect current victims,” he said.
He added that if such a law is to be enacted, it must be comprehensive with an enforceable legal framework that sets clear definitions, procedures and accountability for all institutions.
“Whether this is achieved through a dedicated anti-bullying law or through substantial amendments to existing laws, the focus must be on real protection and decisive action, not just provisions on paper,” he said.
Human Rights Commission of Malaysia children’s commissioner Dr Farah Nini Dusuki said that there are enough laws to cover bullying.
“We have dedicated sections in the Penal Code for criminal law and a 2024 Federal Court decision that places the burden on the school and teachers when bullying takes place among students,” she said.
She also noted that Article 19 of the Convention on the Rights of the Child also places a duty on state parties to prevent violence against children, which includes peer-to-peer violence.
“It is now time to fully enforce the SOP on prevention and management of bullying and to strengthen portals and mechanisms to ensure victims have outlets that are responsive to complaints.”
Dr Farah said that while having laws is good, education and awareness among parents and children are equally important.
“Children must be taught and shown kindness while adults must exemplify this,” she said, adding that parents should not leave the responsibility to teachers alone, especially when sending kids to boarding schools.
She also suggested that every school must have a clear Child Protection Policy, and parents and the school management must sign an AkuJanji document to pledge to prioritise children’s safety.
