KUALA LUMPUR, Dec 3 — The government today tabled the Anti-Bullying Bill for its second reading, paving the way for lawmakers to debate a landmark law aimed at curbing violence in schools amid heightened concerns over children’s safety.

Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said said the bill provides a comprehensive definition of “bullying” to give victims broader protection.

She said the draft law also sets out clearer penalties against perpetrators.

Here are some of its key contents:

Section 3(1) of Part II 

This section defines any acts that are intentional and directed at the victim in any manner, whether performed repeatedly or in a single serious incident, which causes physical, psychological, or social harm to the victims as bullying.

Section 3(2) of Part II

This section lists five categories of acts that can be included in the definition of bullying:

  • a) Physical and property harm: any act that causes physical harm to the victim or damages the victim's property.
  • b) Psychological well-being: the use of insulting, threatening, or degrading language toward the victim, which causes harm to the victim's psychological well-being.
  • c) Social isolation and reputation: any act intended to socially isolate the victim, damage the victim's reputation, or create a hostile environment for the victim.
  • d) Discrimination and humiliation: any act that is humiliating or discriminatory against the victim based on sensitive factors such as gender, race, religion, or disability.
  • e) Cyberbullying: any act referred to in the ‘b’,’c’ and ‘d’ categories that is carried out through electronic or digital communication (e.g., social media, text messages).

Part III 

Part III of the bill outlines all the education institutions that the law may be applied to: institutions established under the Education Act 1996 (Act 550), the Majlis Amanah Rakyat Act 1966, schools or academies overseen by the Ministry of Defence, and institutions under the Children's Act 2001 (Act 611).

This Part deals with institutional obligations with regards to bullying. 

If the bill is passed, administrative bodies would be legally required to implement comprehensive measures against bullying, including establishing a dedicated committee for the prevention and management of bullying cases. 

The committee would be tasked to provide a child-sensitive and accessible channel to report bullying, with emphasis on the needs and safety of the students while keeping strict confidentiality of the information. 

Institutions would also have to provide necessary counseling services and psychosocial support to both manage and prevent bullying cases. 

The draft bill stressed on staff training on prevention and management, and strict compliance standards for bullying prevention and management as set by the minister, who shall audit the committee from time to time.

Part VII: Anti-Bullying Tribunal

The proposed bill also sets out to establish an Anti-Bullying Tribunal, which would have full jurisdiction to hear and decide on bullying complaints nationwide, with Section 29 of the Bill defining its powers.

Generally, the Tribunal would have the right to hear any bullying complaint, but subsection (2) details three main scenarios where it has the authority to intervene:

1. Bullying cases inside educational institutions: 

The Tribunal will take over cases that occur under the regulation and supervision of educational institutions or institutions if the complainant has made a complaint to the internal committee (as referred to in Parts III to VI) but alleges that no action was taken or the complaint was not properly handled by the committee. 

The internal committee refers the bullying complaint to the Tribunal, subject to the complainant providing informed consent for the referral.

2. Child victims in incidents occuring outside school control

The Tribunal will have jurisdiction if the bullying complaint involves a child victim who is a student of an educational institution, but the bullying incident occurred outside the regulation or supervision of that educational institution.

3. Non-institutionalised child victims 

The Tribunal is also empowered to handle bullying complaints involving a child victim who is not under the regulation or supervision of any educational institution and institution. This ensures that children who are not students in a school or formal institution are also protected by the anti-bullying law.

Section 43: Tribunal's powers for remedies and penalties 

The Anti-Bullying Tribunal is granted comprehensive powers under Section 43 to issue one or more orders against the respondent (perpetrator). These orders are designed to address the harm caused, provide redress to the victim, and mandate corrective or rehabilitative measures.

This includes mandatory measures such as ordering the respondent to issue a statement of apology to the victim, and if the respondent is an adult, to publish the apology in a specified manner.

It also has the power to order the removal of any bullying-related content from social media platforms, electronic devices, or digital storage mediums.

Financially, the Tribunal can order the respondent (or their parents/guardians if the respondent is a child) to reimburse the victim for reasonable expenses incurred due to the bullying, and to pay compensation or damages up to two hundred and fifty thousand ringgit for losses or harm suffered.