PETALING JAYA: A court ruling, which upheld a decision by the Tribunal for Anti-Sexual Harassment in an online harassment case, has sent the message that the tribunal’s awards are not merely symbolic, say activists.
Women’s Aid Organisation executive director Nazreen Nizam said the ruling was significant as it showed the tribunal’s decisions could withstand judicial scrutiny.
“For survivors, especially those experiencing online or digital sexual abuse, this reinforces that the harm is recognised by law and that there is a formal avenue to seek redress,” she said.
On Wednesday, the Kuala Lumpur High Court upheld an award by the Tribunal for Anti-Sexual Harassment in favour of a woman whose former boyfriend had posted intimate photos of her online without her consent.
The award, dated back to Aug 1, 2024, was revealed by the Women, Family and Community Development Ministry in a statement on Wednesday.
According to the ministry, the High Court affirmed the tribunal’s ruling which ordered the man to issue a written apology, attend counselling and pay the woman RM60,000 in damages.
The tribunal, established under the Anti-Sexual Harassment Act in 2024, is intended as an alternative channel in dealing with sexual harassment matters.
Nazreen said the court decision could strengthen public confidence in the tribunal as an alternative to lengthy and costly civil litigation, while encouraging more survivors to come forward.
“The fact that the perpetrator was a former partner also matters because abuse often continues after a relationship ends, including through threats, humiliation, surveillance or the sharing of private images.
“This ruling affirms that consent still matters online and that perpetrators cannot hide behind digital platforms or personal relationships to avoid accountability,” she said.
However, she noted that barriers remain, including fear of stigma, victim-blaming, lack of awareness about the tribunal and limited access to legal and psychosocial support.
Accessibility also remains a concern, especially for survivors living outside urban areas or those with limited financial or digital resources.
She called for stronger protections, including faster content removal mechanisms, better coordination with online platforms and improved survivor support systems.
“Survivors need more than just access to a tribunal; they need a full ecosystem of protection, information and support,” she said.
The tribunal, she added, is an important step forward, but it must be supported by broader legal, enforcement and digital safety measures so survivors are protected beyond its processes.
Lawyer Tripatjit Singh said the ruling reflected the seriousness with which courts were treating tribunal decisions, particularly in cases involving the non-consensual sharing of intimate images.
He said such cases underlined the importance of consent, stressing that private images between partners should never be shared without mutual agreement.
“With the rise of such cases, including the growing complexity brought by AI, sexual harassment cases must be taken seriously and not treated lightly,” he said.
Tripatjit said the tribunal provides a faster and more efficient mechanism for complainants to seek justice compared to traditional civil litigation, while still allowing dissatisfied parties to pursue reviews at the High Court.
The enforceability of tribunal awards is strengthened when courts uphold them, giving the tribunal greater legal standing and credibility, he said.
“Precedents are set through each case based on its facts and evidence, but this decision certainly adds weight to the tribunal as a dispute resolution mechanism,” he said.
