How does the new law address online harassment beyond physical harm?

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The Penal Code (Amendment) Bill 2022 criminalises repeated online stalking, extending legal protection beyond physical harm.

The recent amendment to the Penal Code, specifically the Penal Code (Amendment) Bill 2022 (Act 574), introduces legal recourse for victims of repeated online stalking, even when no physical injury is involved. This legislative change acknowledges that such behaviour can inflict significant mental and emotional distress. Previously, law enforcement faced limitations in addressing these cases due to the absence of physical harm, leaving victims vulnerable and sometimes forcing them to extreme measures like quitting their jobs or relocating.
Introduction of Section 507a to Define Stalking

A significant aspect of the amendment is the insertion of a new section, 507a, into Act 574. This section explicitly defines the crime of stalking. It stipulates that an individual commits stalking if they engage in repeated acts of harassment. Crucially, this behaviour is criminalised if the perpetrator intends to cause, or knows or ought to know that their actions will cause, distress, fear, or alarm to another person concerning their safety.
Addressing Mental and Emotional Disturbances

The amendment recognises that online stalking, despite its lack of physical contact, can profoundly impact a victim's mental and emotional well-being. The Deputy Minister in the Prime Minister’s Department (Law), Datuk Mas Ermieyati Samsudin, highlighted instances where individuals facing repeated harassment through messages and multiple social media accounts after a breakup experienced severe distress. The inability of the police to act in such scenarios due to the absence of physical injury was a critical gap that this new legislation aims to fill.
Penalties for Stalking Offences

Under the new provisions of Act 574, individuals found guilty of stalking face substantial penalties. The Penal Code (Amendment) Bill 2022 outlines that the punishment for committing the offence of stalking includes imprisonment for up to three years, a fine, or a combination of both. This measure intends to deter perpetrators and provide a clear legal framework for prosecuting those who engage in persistent online harassment.

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How does the new law address online harassment beyond physical harm?

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