KUALA LUMPUR: The Anti-Bully Bill 2025, which outlines the definition of bullying and the mechanism to address such cases at educational institutions, has been tabled for first reading in the Dewan Rakyat on Monday (Dec 1).
The Bill was tabled by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
The second reading is scheduled for Wednesday (Dec 3).
Among acts of bullying defined in the Bill are: causing physical harm to victims or their belongings; using abusive, threatening, or demeaning language that can cause harm to a victim’s psychological well-being; and humiliating or discriminating against a victim based on sex, race, religion and disability.
Socially isolating a victim to the extent of damaging their reputation or creating a hostile environment for them is also construed as an act of bullying under the Bill.
"Bullying means any wilful act directed at a victim by any means, whether committed repeatedly or in a single severe incident, which causes physical, psychological or social harm to the victim," Section 3 of the Bill reads.
The proposed Bill also covers bullying through electronic or digital means.
The victim here is defined as a child below age 18, a student of an educational institution at any age, as well as those detained and undergoing rehabilitation in the Henry Gurney School.
An Anti-Bullying Tribunal will also be established, where the victim, parent, or guardian can lodge a complaint. Its hearings can be conducted online if there is a need.
The tribunal president and deputy president will be appointed from among officers of the judicial and legal service.
The tribunal will comprise at least five members experienced in areas related to children, including child psychology and development, as well as child restorative justice.
The tribunal will have the jurisdiction to hear and determine complaints of bullying if it takes place at an educational institution and there are no actions taken or dealt with accordingly by the committee established at the institution.
It can also look into incidents of bullying that occurred outside of the supervision of an institution, as well as if it involves a child victim who is not under the care of such institutions.
Section 34 stipulates that the secretary of the tribunal shall give a written notice to the complainant and the respondent for the hearing.
Tribunal hearings will be closed and a party who is a child has to be accompanied by a parent or guardian, according to Section 36 of the Bill.
No party shall be represented by lawyers unless the tribunal views it as necessary because of legal complexities. If one party is allowed to be represented by a lawyer, the same facility will be granted to the other party.
Section 39 states that the tribunal will prioritise mediation to resolve complaints. The approved and agreed resolution will be recorded.
The tribunal may refer to a High Court judge for a question of law or legal opinion, if there is a need.
According to Section 42, the tribunal has to make an award without delay within 60 days of the first day of hearing, and it must provide the grounds for the decision in writing.
It can order: the respondent to issue an apology statement to the victim; the removal of content from any social media platform or digital devices; the payment of compensation for damages amounting to not more than RM250,000; the respondent to attend programmes, counselling, or parenting support sessions provided by relevant government agencies with their parents or guardians.
An award by the tribunal will be deemed final and binding and as an order of the court.
According to Section 44, failure to comply with the award within 30 days will be deemed an offence.
For awards that involve compensation or damages, failure to comply carries a fine twice the amount of the total compensation, a prison term not exceeding two years, or both.
In cases where the award does not involve compensation, a fine of up to RM10,000 or two years' jail, or both, can be given.
“Notwithstanding a complaint of bullying made under this Act, a complainant shall not be precluded from lodging a police report for any offence relating to bullying under any written laws," Section 54 reads.
Meanwhile, Section 23 requires educational institutions to establish a committee to prevent and manage bullying cases.
The committee will advise the institution and assist in matters related to bullying cases, as well as receive, handle and conduct mediation of complaints.
Educational institutions will also be required to have accessible and child-sensitive channels that comply with the confidentiality of information involving minors, and provide counselling and psychosocial services, among others.
