List of relevant legislation in Malaysia

LawsDescription of the lawTypes of OGBVPunishment

Section 509 of the Penal Code

This law asserts any person who insults the modesty of any woman by word, through sound, gesture or exhibits any object intentionally, shall be punished for a term which may extend to five years or be fined or both.

Victims of non-consensual dissemination of intimate images are protected by the provision.

Imprisonment for up to five years or with fine or with both.

Section 506 of the Penal Code

This law criminalises threats to cause death or grievous hurt, the destruction of any property by fire, or to cause any other offence punishable with death or imprisonment.

This provision protects victims/survivors who receive such threats both online or offline in nature.

Imprisonment for up to two years in jail, a fine or both.

When there are threats to cause death or grievous bodily harm, the prison term can be extended up to seven years.

Section 383 of the Penal Code

This law states that whoever intentionally instils fear in a person, thereby dishonestly induces the person to (with fear) deliver any property or valuable security, commits extortion.

Section 383 is commonly used in cases of sextortion.

Imprisonment for up to seven years or with fine or with whipping or with any two of such punishments

Part XVA and Section 2 of Employment Act 1955

This law define "sexual harassment" as any unwanted conduct of sexual nature, verbal or non-verbal, visual, gestural, or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment.

This Act is limited in the workplace sexual harassment.

If the occurence of sexual harassment is proven, the employer shall (i) dismiss the employee without notice, (ii) downgrade the employee, (ii) impose any other lesser punishment as the employer deems just and fit, and where the punishment of suspension without wages is imposed, it shall not exceed a period of 2 weeks.

Sexual Offences Against Children Act 2017

This law was established in 2017 with the intention to protect children who are victims of sexual abuse or harassment.

Section 10 (access to pornography), Section 11 (sexually communication with children), Section 12 (child grooming), Section 15 (non-physical assault on a child) of the Act covers OCSAE (Online Child Sexual Abuse Exploitation).

Section 10: Liable to imprisonment maximum 5 years or fine maximum RM10,000 or to both. Section 11: Imprisonment maximum 3 years. Section 12: Imprisonment maximum 5 years and liable for whipping. Section 15: Imprisonment maximum 10 years or fine maximum RM20,000 or both.

Section 233 of the Communications and Multimedia

This law renders it an offence when a person makes, creates, or solicits any content that is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.

Victims of online harassment and violence are generally protected by this Act.

A fine up to RM50,000, jailed up to a year, or both.

Anti-Sexual Harassment Act 2022

The scope of the sexual harassment would include ‘any unwanted conduct of a sexual nature, in any form, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is reasonably offensive or humiliating or is a threat to his well-being.’

Victims of online sexual harassment, cyberflashing, threats of rape & sexual violence and non-consensual dissemination of intimate images will be protected by this act.

Offenders may have to pay compensation or damages of up to RM250,000 for any loss or damage suffered by the complainant. Those who fail to comply with the ruling can be imprisoned or fined.

Anti-Stalking Law 2022 / Section 507(a) of the Penal Code

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

Victims of stalking both online and offline are protected by this provision.

Imprisonment of not more than three years, a fine or both.

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