Online Harassment Laws in Malaysia: Cyberbullying, Stalking and Legal Action

Online harassment has become a growing concern in Malaysia as internet penetration and social media usage continue to increase. Cyberbullying, online stalking, doxxing, revenge porn and other forms of digital harassment can cause significant emotional distress and reputational harm. Malaysian law provides several avenues for victims of online harassment to seek protection and redress, including criminal prosecution under the Penal Code and the Communications and Multimedia Act, civil claims for damages and applications for protection orders. This guide explains the legal options available to victims of online harassment in Johor Bahru and throughout Malaysia.

Types of Online Harassment

Online harassment in Malaysia can take many forms, including:

• Cyberbullying: Repeated hostile behaviour directed at a person through digital channels, including social media, messaging apps and online forums. This includes name-calling, spreading rumours, posting embarrassing photos and excluding someone from online groups.
• Doxxing: The act of publishing a person's private information, such as their address, phone number or identification details, online without their consent, often with the intention of encouraging harassment.
• Revenge porn: The non-consensual sharing of intimate or sexual images or videos, typically by a former partner. Under Section 292 of the Penal Code, distributing obscene material is a criminal offence.
• Online stalking: Persistent and unwanted monitoring, tracking or contact through digital means, including email, social media and messaging platforms.
• Identity theft and impersonation: Creating fake social media profiles or accounts using another person's identity to harass, defame or commit fraud.

Criminal Laws Applicable to Online Harassment

Several Malaysian statutes criminalise online harassment:

• Penal Code: Section 503 (criminal intimidation), Section 504 (intentional insult to provoke breach of peace), Section 506 (punishment for criminal intimidation), Section 507 (criminal intimidation by anonymous communication) and Section 509 (word or gesture intended to insult the modesty of a person) all apply to online harassment.
• Communications and Multimedia Act 1998: Section 211 and Section 233 prohibit the use of network services to transmit offensive, false or menacing content. These provisions have been used to prosecute cyberbullies and online harassers.
• Sexual Offences Against Children Act 2017: Provides additional protections for children who are victims of online harassment, including online grooming and child sexual abuse material.

Filing a Police Report

If you are a victim of online harassment, the first step is to file a police report at the nearest police station. The report should include as much detail as possible about the harassment, including screenshots of the offending messages or posts, URLs of the offending content, the identity of the harasser (if known) and the impact the harassment has had on you. The police will investigate the report and may refer the case to the Commercial Crime Investigation Department or the Malaysian Communications and Multimedia Commission (MCMC) for further action. It is important to preserve all evidence before it is deleted.

Civil Remedies for Online Harassment

In addition to criminal prosecution, victims of online harassment may pursue civil remedies:

• Defamation claim: If the harassment involves false statements that damage your reputation, you may file a defamation suit for damages. See our defamation law services.
• Injunction: The court may grant an injunction requiring the harasser to remove the offending content and refrain from further harassment.
• Negligence claim: If a platform or website operator failed to take reasonable steps to prevent harassment after being notified, a negligence claim may be available.
• Protection order: Under the Domestic Violence Act 1994 (if the harasser is a household member or intimate partner) or through a civil injunction, the court may order the harasser to stay away from the victim and cease all contact.

The Role of MCMC

The Malaysian Communications and Multimedia Commission (MCMC) plays an important role in addressing online harassment. The MCMC can investigate complaints of online misconduct, order the removal of offending content from Malaysian-hosted websites and take enforcement action against service providers who fail to comply with the CMA. Victims of online harassment can lodge a complaint with the MCMC through its online portal or by contacting its consumer complaint service. The MCMC works closely with the police to investigate and prosecute online offences.

Protecting Children from Cyberbullying

Children are particularly vulnerable to online harassment. Parents in Malaysia should be aware of the following protections: schools have a duty of care to address cyberbullying that affects their students, the Sexual Offences Against Children Act 2017 provides enhanced penalties for online offences targeting children, the MCMC has published guidelines for parents and children on safe internet use and victims under the age of 18 may have complaints filed on their behalf by a parent or guardian.

How Messrs S K Song Can Help

The legal team at Messrs S K Song advises victims of online harassment on their legal options, including filing police reports, pursuing civil claims for defamation and damages, obtaining injunctions and navigating the MCMC complaint process. We also advise on the intersection of online harassment with defamation law and employment law. Contact our Johor Bahru office for a confidential consultation.