The Dewan Rakyat and Dewan Negara recently passed the Penal Code (Amendment) (No 2) Bill 2024, to address all forms of bullying, including cyberbullying.
The move highlights the Malaysian government’s efforts in combating bullying, including cyberbullying, which is increasingly relevant in today’s digital age. Cyberbullying has been linked to significant harm, including mental health issues, and this legislation seeks to provide a legal framework to address it.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, who tabled the Bill in the Dewan Rakyat, said that the amendment does not intend to curtail freedom of speech but serves as a preventive mechanism to combat harassment and safeguard society, particularly children.
The minister had also said that the amendment is not just punitive but also aims to educate and protect. This shows a more holistic approach. It reflects an effort to balance law enforcement with social awareness, which can foster a more civil society.
The emphasis on protecting children, who are particularly vulnerable to bullying, is a strong point. The law could provide more safeguards against both traditional and online harassment.
The inclusion of heavier penalties (up to 10 years’ imprisonment) for cases where provocation leads to suicide, is an important step in deterring harmful behaviour and acknowledging the severity of the consequences of bullying.
The Dewan Rakyat and Dewan Negara also passed the Criminal Procedure Code (Amendment) (No. 2) Bill 2024, to align with the amendments to the Penal Code. This is also much welcomed as it helps ensure the legal system is streamlined and is responsive to the new provisions.
Among its provisions are regulations on the requirement for arrest warrants, the duration of the warrant or summons’ validity, the classification of offences as bailable or non-bailable, the conditions for compounding offences, and the maximum penalties for offences related to bullying.
However, while the amendment intends to curb bullying, there is a concern that broad definitions of “threatening, insulting, or defamatory” communications could be misused to suppress legitimate free speech. The ambiguity could lead to the criminalisation of minor disagreements or expressions that are not intended to harm.
It should be noted, however, that the introduction of new legal provisions, particularly concerning cyberbullying and harassment, might also lead to an increase in legal cases. This could overburden an already strained judicial system, especially with the challenges of investigating and prosecuting online offences.
Cyberbullying often involves anonymous or foreign actors, making enforcement and prosecution difficult. There may be technical and jurisdictional challenges in gathering evidence and holding perpetrators accountable, especially in cross-border cases.
While the amendment is not intended to curtail freedom of speech, the potential for overreach remains. Critics might argue that there is a risk of self-censorship or stifling open discourse, especially if there are no clear guidelines on what constitutes harmful or criminal communication.
We also want to know if there are specific programmes or measures to raise awareness and promote behavioural change. Without a clear strategy for educating the public, the law’s effectiveness in fostering a respectful society may be limited.
The emphasis on penalties and imprisonment, while necessary, might overshadow non-punitive solutions like counselling or restorative justice, which could be more effective in rehabilitating offenders and resolving conflicts.
While the amendment addresses a critical issue and introduces necessary legal reforms, concerns remain about its potential to infringe on free speech and the practicality of its enforcement, particularly in the digital realm.
The balance between protection and freedom of speech will be a key challenge, moving forward.
The views expressed here are the personal opinion of the writer’s and do not necessarily represent that of Twentytwo13.
