A NON-GOVERNMENTAL organisation (NGO) has welcomed the tabling of law amendments to make stalking a crime in the Dewan Rakyat for the first reading today (Aug 4).
When enacted, this law will help protect thousands of Malaysians who experienced stalking each year, and will prevent grievous injuries and even murders that are often preceded by stalking, said the Women’s Aid Organisation (WAO).
The law includes the Penal Code (Amendment) Bill 2022 which creates the offence of stalking; and the Criminal Procedure Code (Amendment) (No. 2) Bill 2022 which creates a protection order for stalking survivors.
Long time coming
Stalking is a pattern of obsessive behaviour that is repeated, persistent, intrusive and causes fear of violence or alarm and distress in victims.
The ‘traditional’ forms of stalking include lurking around a person or the person’s home and workplace, making repeated phone calls or calling and hanging up or even sending unwanted or inappropriate gifts. Stalking also includes intimidating and threatening victims.
Meanwhile, contemporary forms of stalking also occur on the internet and digital space including sending unwanted or lewd messages via email or WhatsApp messages or even posting information or spreading rumours about the victim online.
Complaining to telecommunication service providers or even the Malaysian Communications and Multimedia Commission (MCMC) is often of little use as the perpetrator can simply sign up with another account and continue stalking their victim.
In a nutshell, the absence of a law that criminalises stalking allows perpetrators to go on tormenting their victims with impunity. Worse, the lack of appropriate laws also means that if someone were to stalk you, the authorities cannot do much.
According to a study conducted by WAO and Vase.ai, over a third of Malaysians – including 39% of them being women – have experienced stalking.
More and more countries have enacted specific legal provisions on stalking with the most recent being South Korea last year.
There is comprehensive support to make stalking a crime in Malaysia, including from enforcement agencies, civil society, academics, legal practitioners, and the public.
Initial versions of the law were developed by the Anti-Stalking Committee, comprising government agencies, WAO, and the Bar Council. Survivors of stalking contributed as well.
“We believe the current Bill is robust, and we urge Members of Parliament to support it,” WAO said in a statement today (Aug 4).
The women’s rights NGO further proposed several amendments which would further improve the Bill, and this includes broadening the definition of stalking to include continuous conduct.
“The current Bill recognises that stalking consists of repeated acts, for example a stalker may repeatedly try and follow and contact you,” it said.
“But stalking also can be a single but continuous act. For example, a stalker may continuously follow you from your office to your house. These situations can also be dangerous.”
WAO further urged the Government to add doxing (the act of publicly revealing previously private personal information about an individual online), interfering with property, and spying to the list of acts of harassment.
“The current Bill lists following, communicating, loitering around someone’s house or workplace, and sending things as acts that may amount to stalking – if repeated and reasonably causes fear, distress or alarm,” clarified WAO.
“This list can be improved by adding doxing, interfering with property and spying. These are also common stalking behaviours.”
WAO also proposed that the Government extend the effective period of stalking protection orders, noting that a key component of stalking laws is enabling survivors to obtain protection orders.
“The Bill creates a protection order, but the protection order can only remain in effect for the duration of the investigation and trial,” it explained.
“Courts should be given discretion to extend the effective period of protection orders beyond the investigation or trial period, if necessary to protect the survivor.”
These recommendations are consistent with stalking laws in other countries such as the UK, Singapore, New Zealand and other jurisdictions.
“The Government’s move to table the anti-stalking law is appreciated, and we look forward to continue working with the Government and policymakers to pass the Bill,” WAO said. – Aug 4, 2022
