KUALA LUMPUR: Questions over the scope and implementation of the proposed Anti-Bullying Act took centre stage at the Nation Building and Future Resilience - Youth and Bullying forum, with youths from across the country voicing their views.
Delegates comprising university students across the country sought clarity if the Bill would cover those aged 18 and above, how it aligns with existing laws and also if the legislation will encompass cyberbullying.
Participants further raised the need for stronger whistleblower protection when lodging complaints through the anti-bullying tribunal, as well as the possibility of introducing alternative penalties for underage offenders instead of placing them in juvenile centres.
Responding, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said an online reporting mechanism is being mulled under the proposed act.
She said the mechanism would allow for action to be taken in cases where the relevant authorities response may have been unsatisfactory.
“The system and law we want to design is one where you can approach the tribunal directly online to lodge a complaint.
“If you are concerned that your current setting may not entertain or have biasness, the system allows for an online complaint medium,” she said.
She also said the tribunal under the Anti-Bullying Act will be akin to the Tribunal for Anti-Sexual Harassment (TAGS) under the Women, Family and Community Development Ministry.
She said that cases which fall under the school’s jurisdiction will have to be resolved by the school first.
“Those dissatisfied with the school’s judgment of cases however can refer to the tribunal.
“We don’t want people to think that there is no other platform for grievances apart from the school,” she said.
Thiyagu Ganesan, the deputy director general (Law Reforms), at the Legal Affairs Division, said the Bill also covers instances of cyberbullying.
Thiyagu, who was part of the panel, added that there is no policy decision yet if the legislation will cover all age groups.
“There are some calling for it to only cover those aged 18 and below, while others say it should cover university students who are above 18,” he said, adding that the decision will be made by the Cabinet through guidance from the minister.
He said the new Bill will also introduce a tiered system for handling complaints.
The first level involves a committee at the respective educational institution, while the second level is the tribunal.
“Not all complaints will go straight to the tribunal. Only cases where complainants feel their reports were mishandled or no action was taken can be referred to it.
“The same applies to children outside the school system as they can bring their cases directly to the tribunal,” he said, adding that incidents occurring outside schools can also be heard by the tribunal.
