Stalking is still not a crime in Malaysia.
In October 2022, amendments to the Penal Code and Criminal Procedure Code to criminalise stalking were passed in the Dewan Rakyat. However, as parliament was then dissolved to make way for the 15th general elections, the measures were not passed in the Dewan Negara. The bill is expected to be re-tabled for debate in 2023.
We encourage all members of the public to reach out to their elected representatives to ask them to lend their support to the anti-stalking measures. Your voice matters!
The team at WAO has prepared a sample text you can send to your MP, with resources to help them understand why this law is necessary. The text is as below, and can be downloaded here: [BM] [Eng]
Find your elected representative and their contact information at the official website of Parliament.
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#MakeStalkingACrime
Support for the Anti-Stalking Bill
Dear YB [MP’s name],
I am a voter in [MP’s constituent]. I have learnt that stalking is still not a crime in Malaysia. This means that as a constituent, I could be followed, harassed both physically and online, and threatened anonymously leaving me in fear for my safety without any recourse to justice. This makes me feel unsafe and unprotected in [Constituency].
I would like to bring to your attention the fact that the amendments to the Criminal Procedure Code and Penal Code to criminalise stalking are to be debated in parliament. In October 2022, the laws were amended with the vote of 192 MPs. However, the law was not passed in the upper house due to the dissolution of parliament in preparation for GE15.
Why should stalking be criminalised? A survey conducted by the Women’s Aid Organisation (WAO) found that 88% of respondents have been followed from a distance, received unwanted messages or advances, received unwelcomed letters or presents, and more. This means that 4 out of 5 Malaysians have experienced stalking-related acts.
Stalking causes extreme distress to those targeted, due to the lack of safety in public spaces. This creates negative effects on survivors’ daily activities. The same survey by WAO also found that current laws are insufficient to address stalking. As a result, survivors often have to make drastic changes to their routines – such as moving houses or changing their contact information – to avoid their stalkers. The lack of official recognition of stalking as a crime also discourages survivors from coming forward, due to fears of not being taken seriously. Here are some accounts from a few survivors who have been brave enough to share their ordeals.
Stalking must be taken seriously as it can have deadly consequences. In 2021, a woman was stabbed in front of her two children by someone who had been stalking her. Prior to being murdered, she had made several police reports about stalking incidents. Incidents such as these can be prevented; the proposed amendments include repeated behaviour in the definition of stalking; survivors would also be able to receive protection orders, which would protect them from retaliation from the perpetrator while investigations are taking place.
Many countries have criminalised stalking, including the Philippines, Myanmar, Japan, India, South Korea, the UK, and Australia. It has also been found that criminalising stalking is effective as cases are successfully charged and convicted. I am excited for Malaysia to join the ranks of these countries.
I hope you can give this bill your full support.
Best regards,
[Your name]
