Let's Talk About: Stalking & Anti-Stalking Law

Malaysia has been making strides in terms of protecting its citizens better. 

Proud to be a Malaysian citizen.

Proud of the direction that Malaysian law is heading towards.

Firstly, this year we had the removal of the punishment for suicide attempts.

Photo by Its Adonis on Unsplash

Now, since March, we have an amendment to the Penal Code to prevent harassment / stalking behavior: 

Section 507A Penal Code:

Whoever repeatedly (at least 2 occasions) by any act of harassment, intending to cause, or knowing or ought to know that the act is likely to cause, distress, fear or alarm to any person of the person’s safety, commits an offence of stalking.

It goes further to lists out examples of acts that could be counted as harassment:

... The act of harassment may include the following:

(a) following or tracking a person in any manner or by any means;

(b) communicating or attempting to communicate with a person in any manner or by any means;

(c) loitering at the place of residence or business of a person;

(d) giving or sending any thing to a person in any manner or by any means.

The punishment for being found guilty for the said crime would be fine / prison > 3 years / both. 

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Further to this news, the Malaysian courts and the Prosecution has also started to use this section last week (10 August 2023) where the first man was charged under this section for stalking a female photographer.

The alleged stalking acts include using more than 30 Instagram accounts as well as over Twitter and email, delivering unsolicited flowers to her home, sending obscene sexual messages as well as being physically present at events she attended.

It will take time to see how the Prosecution will prove their case and what the outcome would be.

Regardless, the female photographer was granted a protection order preventing the man from contacting her and her family throughout the duration of the court proceedings, which provides a platform for cases after this to follow suit. 

You can read more about the case here (The Star) and here (South China Morning Post).

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I also have to say that this is also a win in the mental health arena. 

People can sleep better at night knowing that there is a law in existence to protect them, should they be caught in such a situation. There is hope.

I hope that this would deter people from committing unwarranted acts of harassment.

Now it's to see how this section is used in practice, and how effective this would be in protecting the victims. 

I look forward. 

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Resources

1. https://hwam.com.my/section-507a-of-the-penal-code-of-malaysia/

2. https://www.linkedin.com/pulse/stalking-someone-now-crime-malaysia-xklawfirm%3FtrackingId=C1vCgdJnQxW5kOoVhkHarg%253D%253D/?trackingId=C1vCgdJnQxW5kOoVhkHarg%3D%3D 

3. https://www.thestar.com.my/news/nation/2023/08/09/man-37-to-be-first-person-charged-under-anti-stalking-law?utm_campaign=later-linkinbio-thestaronline&utm_content=later-37052669&utm_medium=social&utm_source=linkin.bio 

4. https://www.scmp.com/week-asia/people/article/3230654/malaysian-man-becomes-first-be-charged-under-anti-stalking-law-women-deserve-better