SEPT 29 — There is no specific definition of bullying under existing legal provisions. So said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.

She is right.

As a matter of fact, and law, there is no offence of bullying.

This despite the assertion by Home Minister Datuk Seri Saifuddin Nasution Ismail that Section 507C(1) of the Penal Code stipulated bullying as a criminal offence.  

Five teenage girls have been charged in the Children’s Court in Kota Kinabalu, Sabah, with using insulting words against Zara Qairina. The charges are framed under Section 507C(1) of the Penal Code, read together with Section 34 of the Code, which carries a penalty of up to one year’s imprisonment, or a fine, or both, upon conviction.

For good measure, the said Section 507C(1) is reproduced in full below:

“Whoever, in any manner or by any means, uses or makes any threatening, abusive or insulting words or communication, or engages in any threatening, abusive or insulting act, and such words, communication or act are heard, seen or otherwise perceived by a person who is likely to feel harassed, distressed, fear or alarmed by such words, communication or act, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.”

Using or making threatening, abusive or insulting words or communication, or engaging in threatening, abusive or insulting act is not bullying.

While there is no single definition of bullying, Dan Olweus’ definition of bullying remains widely used. Bullying is when someone repeatedly and on purpose says or does mean or hurtful things to another person who has a hard time defending himself or herself.

Olweus was widely recognised as a pioneer of research on bullying.

Bullying therefore involves a pattern of aggressive behaviour developing over time, and there is an imbalance of power or strength (physical or social). Bullying can take many forms, such as hitting, verbal harassment, spreading false rumors, not letting someone be part of the group, and sending hurtful messages on a cell phone or over the internet (cyber-bullying).

When someone says or does something unintentionally hurtful and they do it once, that’s rude.

When someone says or does something intentionally hurtful and they do it once, that’s mean.

When someone says or does something intentionally hurtful, and they keep doing it — even when you tell them to stop or show them that you’re upset – that’s bullying.

By Olweus’ definition, bullying requires three criteria: repetitiveness, intentional harm-doing, and a power imbalance favouring the perpetrator.

It is not surprising that Unicef, the United Nations agency for children, explains bullying as follows:

“You can usually identify bullying through the following three characteristics: intent, repetition, and power. A person who bullies intends to cause pain, either through physical harm or hurtful words or behaviour, and does so repeatedly. Boys are more likely to experience physical bullying, while girls are more likely to experience psychological bullying.

“Bullying is a pattern of behaviour, rather than an isolated incident. Children who bully usually come from a perceived higher social status or position of power, such as children who are bigger, stronger, or perceived to be popular.

“The most vulnerable children face a higher risk of being bullied. These are often children from communities that are marginalised, children from poor families, children with different gender identities, children with disabilities or migrant and refugee children. 

“Bullying can happen both in person or online. Cyberbullying often occurs over social media, SMS/text or instant message, email, or any online platform where children interact. Because parents may not always follow what their children are doing on these platforms, it can be difficult to know when your child is affected.”

In “Course of conduct constituting bullying”, I explained that bullying is when someone engages in a course of conduct that includes, among others, making threats to the victim, or using abusive or offensive words to or in the presence of the victim, or performing abusive or offensive acts in the presence of the victim, directing abusive or offensive acts towards the victim.

It is the element of repetitiveness or a course of conduct that is missing in our law. Accordingly, there is no offence of bullying.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.