Malaysia

Penal Code amendment will criminalise online stalking: Mas Ermieyati

Deputy law minister optimistic bill will be passed in Parliament by year’s end

Updated 4 years ago · Published on 16 Aug 2022 5:31PM

Penal Code amendment will criminalise online stalking: Mas Ermieyati
It is important and timely to pass the anti-stalking bill to protect victims, and not just to sanction those who cause injury, according to Deputy Law Minister Mas Ermieyati Samsudin (pic). – Bernama pic, August 16, 2022

KUALA LUMPUR – Not just physical stalking but also repeated online stalking would be a crime, according to the Penal Code (Amendment) Bill 2022 (Act 574), said Deputy Minister in the Prime Minister’s Department (Parliament and Law) Datuk Mas Ermieyati Samsudin.

She said although the act of online stalking does not involve physical contact or causing injury, it can disturb the victim mentally and emotionally.

“For example, there was an incident where A broke up with B, but B often harassed A with various messages and so on.

“When A changed his or her phone number, B still contacted A on social media by changing various nicknames until there were up to 10 to 20 accounts (on social media) just to ensure A will not have a peaceful life.

“When (victims) go to the police station to file a report, the police cannot take action… because they did not cause injury to the victim. That is why (there are) victims who even quit their jobs and are willing to leave the country for fear of being stalked,” she said today. 

Therefore, Mas Ermieyati said that it is important and timely to pass the anti-stalking bill to protect the victim, and not just to punish those who cause injury.

“... if there isn’t a law that really protects the victims, I’m afraid that there will be more (cases of stalking) occurring, causing injuries (in the future),” she said.

In the meantime, she was also optimistic that the bill, which is expected to be tabled for its second and third readings at the Dewan Rakyat sitting in October, will be approved in Parliament at the end of this year.

On August 4, the amendment to Act 574 to include stalking as a crime was tabled in the Dewan Rakyat for its first reading.

The Penal Code (Amendment) Bill 2022 aims to insert a new Section 507a into Act 574 to provide for the crime of stalking.

According to the bill, a person is deemed to have committed stalking if the individual, repeatedly by any act of harassment, intends to cause, or knows or ought to know that such an act causes, distress, fear or alarm to any person with regard to their safety.

The bill also states that anyone who commits the offence of stalking shall be punished with imprisonment of up to three years or with a fine or both. – Bernama, August 16, 2022

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