CYBERBULLYING AND DIGITAL HARASSMENT:IS MALAYSIA’S LEGAL FRAMEWORK ADEQUATE?
- Feb 9
- 2 min read
Updated: Feb 10
Abstract
This article examines the rise of cyberbullying and online harassment in Malaysia, situating these phenomena within the broader context of global cybercrime. Communication technologies have transformed how individuals and institutions exchange information, yet they have also become vehicles for a spectrum of digital abuses, from hacking and fraud to the more ubiquitous harms of cyberbullying, stalking, and hate speech. Drawing on surveys and official statistics, the article traces Malaysia’s alarming trends on cyberbullying and online harassment. High-profile tragedies such as the suicides of teenage victims driven by Instagram polls or sustained online threats underscore the urgent need for effective legal and policy responses. Acknowledging the urgency in addressing this issue, this article analyses the Malaysian legal framework, from outdated and pre-amendment legislations, to recent amendments such as Esha Clause (Penal Code Amendment (No. 2) Bill 2024). The amended S. 233 of the Communications and Multimedia Act 1998 is emphasised strongly in order to analyse its nature, rationale and potential loopholes and drawbacks. Comparative analysis with Singapore’s and United
Kingdom’s law provides useful insight to improve Malaysia's law, especially the lack of civil remedies for victims. The article concludes that Malaysia currently depends on criminal sanctions to deal with online offences. However, Malaysia also needs specific laws for online harms such as non-consensual intimate images, doxxing, and cyberstalking. In addition, the government needs to implement stricter rules for online platforms, improve digital investigation tools, and provide continuous education on online ethics to ensure that all users follow the rules. These steps would significantly strengthen Malaysia’s capacity to protect vulnerable people and achieve its goal of a safe and inclusive digital space.
Khor Weng Qing, Universiti Utara Malaysia
Chen Ken Xiong, Universiti Utara Malaysia
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