Malaysian Lawmakers Pass Long-Awaited Anti-Sexual Harassment Bill

Malaysia witnessed significant progress in its fight against sexual harassment in July. After 30 years of zealous lobbying by women’s groups across the Southeast Asian nation, lawmakers passed the country’s first anti-sexual harassment bill.

The long-awaited bill, which was first read in parliament in December of last year, expands current provisions in existing laws that tackle sexual harassment, including the Penal Code and Employment Act. It goes beyond the workplace to cover incidents in any setting, including clinics, public transport, educational institutions, and even online. The bill will also establish a special, closed-door tribunal dedicated to hearing reports of sexual harassment, and gives that tribunal the authority to issue awards and orders, including ordering an accused person to make a public apology and, in some cases, pay damages up to 250,000 Malaysian ringgit ($56,000).

Datuk Seri Rina Mohd Harun, Malaysia’s Women, Family and Community Development Minister, said the legislation aims to protect both men and women and provide them with a safe space to lodge reports. Harun said that a 2018 study conducted by the ministry found that 80% of sexual harassment victims refrain from filing a report, citing reasons such as fear, shame, and trauma.

“With this, we hope to ensure that all levels of society regardless of race, gender, age, and social background are aware of the existence of this act to protect them if they become victims of sexual harassment,” Harun said.

A 2020 survey of 1,010 Malaysian women found that 62% of respondents had experienced at least one form of sexual harassment in the workplace and revealed that women had varied perceptions of what constitutes sexual harassment. Half of respondents considered making advances toward someone in the workplace who had already declined previous advances unprofessional, but not sexual harassment; 42% of respondents similarly categorized stalking in the workplace not as sexual harassment, but as unprofessional.

According to the Anti-Sexual Harassment Advocacy Group, which is comprised of women’s organizations across Malaysia, victims can now “look forward to expeditious, affordable, and accessible redress” via the anti-sexual harassment tribunal. In a statement, they highlighted key areas to ensure that victims are fully protected, including protections against victimization for those who choose to report and seek redress, which they say are not included in the bill.

“This battle was certainly hard-won, but our fight is far from over. With the passing of the bill, we still have a long journey ahead of us to ensure that it is effectively implemented,” they said in a statement.

Though the long-overdue bill was a cause for celebration, many activists are still wary of how it could change attitudes within Malaysian society.

Ain Husniza is an 18-year-old student who took to TikTok in April 2021 to call out a teacher who made rape jokes in front of her class and later used social media to raise awareness about harassment in schools through the hashtag #MakeSchoolASaferPlace. She told the FBomb that educating the general public about the existence of this bill will be important, but “honestly, I think more than a bill is needed to drive change in society.” Husniza added that “even with these acts in place, if the personnel on the ground isn’t trained well enough or versed around the subject, then it’s as good as an unused sword.” Now that the bill has been passed, she added, Malaysians should be asking themselves, “What more can we do to acknowledge this problem from other aspects? How are the police handling cases of sexual harassment? Are there policies in place in our schools that tackle this issue and teach personnel how to deal with victims of sexual harassment?”

Husniza, whose TikTok video has 2.1 million views on the platform, was sued for defamation by the teacher in question, who she never named publicly. She has since filed a countersuit.

Yihwen Chen, a Malaysian journalist who made a short film about her experience of sexual harassment while making her first feature documentary, stressed the importance of transforming societal attitudes on the issue.

“At the end of the day, a law is just a law if society’s attitude towards sexual harassment doesn’t change,” she told the FBomb.

“I’m talking about the harassers, the enablers, and the bystanders. The perpetrators need to stop harassing others and the people witnessing the incident need to stop allowing the abuse to continue. And how do we respond as a society when a survivor speaks up?”