KUALA LUMPUR: Bullying is not just about physical harm. Abusive, threats, demeaning language and discriminating on the basis of sex, race, religion or disability will also count as bullying.
And perpetrators will face punishment under the Anti-Bully Bill 2025, which was tabled for its first reading in the Dewan Rakyat yesterday by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (pic).
The second reading is scheduled for tomorrow.
Abuse that can adversely affect a victim’s psychological well- being or socially isolating a victim to the extent of damaging their reputation or creating a hostile environment are also considered acts 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 Bill also encompasses bullying through electronic or digital means.
A victim is defined as a child below the age of 18, a student of an educational institution of any age, or individuals detained and undergoing rehabilitation at the Henry Gurney School.
The Bill mandates that educational institutions establish committees to prevent and manage bullying cases, including handling complaints and conducting mediation.
They are also required to provide accessible, child-sensitive channels that uphold the confidentiality of information, as well as counselling and psychosocial services.
An Anti-Bully Tribunal will be established, allowing victims, parents or guardians to lodge complaints.
Hearings may be conducted electronically if necessary.
The Tribunal President and Deputy President will be appointed from officers of the judicial and legal service, and will consist of a minimum of five members with expertise in areas related to children, including child psychology, development and restorative justice.
The Tribunal will have jurisdiction to hear and determine complaints of bullying that occur within educational institutions when the institution’s committee has not adequately addressed the matter.
It may also consider incidents outside the supervision of an educational institution or involving child victims not under such institutions’ care.
Hearings must be conducted behind closed doors, with child parties accompanied by a parent or guardian.
Legal representation is generally not permitted unless the Tribunal deems it necessary, in which case equal representation will be granted to both parties.
Section 39 states that the Tribunal shall prioritise mediation to resolve complaints.
The Tribunal may seek legal guidance from a High Court Judge if required.
Section 42 mandates that the Tribunal must issue an award within 60 days of the first hearing, and provide written grounds.
The Tribunal may order the respondent to issue an apology to the victim; remove content from social media or digital devices; pay compensation for damages of up to RM250,000; or attend programmes, counselling or parenting support sessions provided by relevant government agencies.
Awards issued by the Tribunal are final, binding and may be treated as a court order.
Failure to comply with the Tribunal’s award within 30 days will constitute an offence. Where the award involves compensation or damages, non-compliance may result in a fine twice the compensation amount, imprisonment of up to two years, or both.
For awards not involving compensation, a fine of up to RM10,000, imprisonment of up to two years, or both, may be imposed.
