THE recent spate of high-profile bullying cases in schools has unsurprisingly raised an alarm nationally.
In response, Putrajaya has been mulling the establishment of a separate legal framework to address the issue of bullying in Malaysia.
Malaysia has sought to curb bullying for years through workshops and guidelines as well as enacting and amending legal provisions, among others.
Most recently, in July this year, a series of landmark amendments to the Penal Code were gazetted, criminalising various forms of bullying such as psychological, cyberbullying, linguistic and doxxing (when private information is published online with malicious intent).
With the proposed separate anti-bullying law, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said says the government intends for this new law to complement and fill the gaps of existing systems and provisions.
Experts agree that such a law would be fundamental in bringing cohesion and efficiency to the handling of bullying cases, which currently fall under scattered provisions.
“A specific Anti-Bullying Act would bring coherence to what is now a fragmented framework under the Penal Code, Child Act and education regulations,” says criminologist Dr Haezreena Begum Abdul Hamid.
It would ensure continuity across contexts, as bullying occurs not just in schools, but also in universities, workplaces, detention centres, online spaces and so on.
“The law must reflect that wider reality,” she adds.
Haezreena: A specific anti-bullying Act would bring coherence to what is now a fragmented framework under the Penal Code, Child Act and Education Regulations. — Pic provided
Having a standalone Anti-Bullying Act could also reduce ambiguity in enforcement by defining clear thresholds for when bullying requires intervention.
“It would harmonise current overlaps between criminal and disciplinary frameworks and help agencies such as the Education Ministry and the Welfare Department coordinate responses.
“The goal is not harsher punishment but a clearer tiered system that encourages early intervention and rehabilitation,” she says.
The country can also learn from the examples of Asian neighbours like Japan and the Philippines, says Assoc Prof Dr Nadzriah Ahmad, who is the Universiti Teknologi Mara (UiTM) Child Law Centre chairman.
Those two countries have separate laws regulating bullying, which Nadzriah says has shown can ensure a more effective reporting and response mechanism.
“And victims and family members can be provided with the support they need,” she says, praising the standalone act for being a more holistic approach in helping reform children who have committed bullying.
But at the same time, to what extent can existing provisions in Malaysia’s Penal Code, such as those on assault, intimidation, or criminal force, be used to prosecute severe bullying cases in schools?
Nadzriah says while the provisions in the Penal Code are adequate to the extent that they can be used against children who commit serious acts of bullying, bullying that encompasses more than physical bullying and can include verbal bullying or using signs or facial expressions, isolating peers, committing extortion and cyberbullying.
These are also bullying acts even though they do not reach a penal threshold.
“Hence, relying solely on the Penal Code is inadequate for addressing these other forms of bullying, which are not criminal in nature.
“Subsequently, the government’s effort to consult other stakeholders in establishing the proposed Anti-Bullying Law 2025 is welcome, as it seeks to address the limitations of relying solely on the Penal Code provisions.”
Nadzriah: Malaysia can also learn from the examples of Asian neighbours like Japan and the Philippines. — Pic provided
Although the enactment of a separate anti-bullying law is appreciated, experts say existing regulations should be strengthened in tandem as well.
In the Child Act 2001, for example, school teachers should also be classified as “mandatory reporters of child abuse”, says Raymund Jagan, a registered counsellor formerly with the Welfare Department.
“The Child Act makes medical doctors, family members and care providers mandatory reporters of child abuse, meaning these people can go to jail and be fined if they do not report abuse of children.
“The huge mistake was leaving out school teachers as mandatory reporters, when most bullying happens in schools.
“The gap that needs to be dealt with is that school teachers must be made mandatory reporters of child abuse and neglect,” he says.
Meanwhile, Haezreena says the difference between strengthening something like the Child Act and enacting a standalone Anti-Bullying Act is that the Child Act can continue to guide child protection and rehabilitation, while the new law would act more like a national framework that also covers adults and non-school institutions.
Azalina had previously said the Cabinet would decide on whether the proposed Anti-Bullying Bill should be divided into two contexts, one for minors and another for adults.
She also said the establishment of an Anti-Bullying Tribunal would be authorised under the Bill, and that this tribunal is meant to provide an alternative avenue for victims.
Haezreena says such a tribunal could be introduced to handle cases efficiently without over-reliance on criminal prosecution.
“In essence, Malaysia would benefit from a comprehensive Anti-Bullying Act that consolidates existing provisions, clarifies responsibilities and provides accessible redress through tribunal or restorative mechanisms.
“It would complement, not replace, the Child Act offering a coherent and lifelong framework that promotes safety, dignity and accountability in both learning and working environments,” she says.
