By Nurul Akma Afiqah binti Kasmi
Stalking is a reprehensible behavior that violates a person’sprivacy continuously. It causes fear, anxiety, and emotional disasters for victims who feel unsafe throughout their daily lives.According to E. Mullen and Pathé (2002), the terms “stalking” and “stalker” were introduced by the media to describe individuals who continually follow or invade the privacy of others. It is rapidly increasing among the population and has turned into a controversial issue.
According to Sidhu, Che Ron, and Kishur Kumar (2024),there are two types of stalking, which are physical stalking and online stalking. Physical stalking refers to unwanted and direct contact or following, whereas online stalking takes place on electronic media and messaging mediums. Regardless of the type, the behaviors have a significant effect on the victim’s perception of peace of mind and safety.
Furthermore, according to the Women’s Aid Organization (WAO), from their research of 1008 individuals in Malaysia in 2020, there were 46 percent of the victims were negatively affected by the stalking. In addition, 69 percent of the victims did not report the incident to the police for various reasons. It stated that 45 percent of them did not do any reports because they did not think that the police could help them. These statistics reflect the urgent need for a specific legal provision to address stalking cases in Malaysia.
Before Section 507A of the Penal Code was introduced, there were no specific legal protections or restraining orders in Malaysia that adequately addressed stalking. Some provisionsalready address these issues, such as the Domestic Violence Act 1994, certain public nuisance laws under the Penal Code and the Criminal Procedure Code, as well as other offenses outlined inthe Penal Code and the Communications and Multimedia Act 1998. However, these laws were not sufficient to address stalking, because they did not cover the repeated, continuous acts of following and contacting that form the core of stalking behavior. Moreover, the laws are being viewed as separate acts, while stalking is the pattern of ongoing actions.
To overcome these limitations, the anti-stalking law was embedded under Section 507A of the Penal Code in 2023, officially criminalizing stalking behavior. This regulation marked a significant line in safeguarding individuals’ privacy and mental well-being. Under this section, an individual who repeatedly (at least twice) follows, contacts, or communicates with the victims in a manner that causes fear, distress, or alarm can be charged with the offense of stalking. By the existence ofthis regulation, the victims can file a police report, and they may petition the court for a protection order to restrain the stalker.This provision shows that the government’s recognition of stalking is not a minor matter but a violation of human rights.
The implementation of Section 507A of the Penal Code has already been tested in the Malaysian Magistrate’s Court. Muhammad Safiq Rosli, 37, who became the first man that becharged under Malaysia’s anti-stalking law for stalking a woman, Acacia Mardiana Daud, 31, for eight years. However, the court found that Safiq was of unsound mind at the time the offense was committed under Section 507A of the Penal Code.Mohamad Safiq was ordered to be detained at Hospital Bahagia Ulu Kinta in Perak, to be held there at the pleasure of the Sultan of Selangor.
To sum up, the establishment of Section 507A marks a crucial step forward for Malaysia’s legal framework. It is a clear sign that personal safety and mental well-being are now taken seriously. Although its enforcement is still in the early stages, the law represents a strong acknowledgment that stalking is a serious violation of privacy and human rights.
References
1. E. Mullen, P., Pathé, M. (2002). Stalking. Crime and Justice, 29, 273–318. https://www.jstor.org/stable/1147710
2. Sidhu, B. S., Che Ron, C., Kishur Kumar, B. (2024). An exploration of the Anti-Stalking Law in Malaysia. Malaysian Law Journal, 2, clxxx.
3. Chung, Y.R., (Director). (2020). Survey supports calls to make stalking a crime in Malaysia. In www.wao.org.my. Women’s Aid Organisation (WAO). https://wao.org.my/wp-content/uploads/2020/12/Survey-supports-calls-to-Make-Stalking-A-Crime-in-Malaysia-WAO-Presentation.pdf
4. First man charged under Malaysia’s anti-stalking law gets off with insanity plea. (2024, January 18). The Straits Times. https://www.straitstimes.com/asia/se-asia/first-man-charged-under-malaysia-s-anti-stalking-law-gets-off-with-insanity-plea
5. Seraj, Z. (2024, January 17). In Malaysia’s first stalking case, court rules man to be detained at his Majesty’s pleasure. Malay Mail. https://www.malaymail.com/news/malaysia/2024/01/17/in-malaysias-first-stalking-case-court-rules-man-to-be-detained-at-his-majestys-pleasure/112901