Bullying – Now a Criminal Offence Under the Penal Code

Although thousands of cases of bullying are reported in schools and other educational institutions, there is still no clear legal definition of what constitutes bullying. Yet its impact is undeniable. Victims often suffer from fear, humiliation, and deep psychological trauma. In some cases, bullying has even led to suicide. For children, the effects can be devastating, driving them away from school and leaving scars that last a lifetime.

The law provides adequate remedies for physical bullying—assault, battery, and causing hurt are clearly punishable under the Penal Code. But when bullying falls short of physical violence, victims have had to rely on the psychological or emotional impact—feeling threatened, abused, or insulted—as a basis for seeking protection or redress.

Recent amendments to the Penal Code attempt to fill this gap. Six new provisions (Sections 507B to 507G) were introduced in 2025 to address various forms of bullying-related conduct. This article examines whether these provisions are adequate to control this persistent social scourge, especially in cases where emotional and psychological harm is inflicted.

Importantly, these provisions are not limited to schools. They extend to workplaces, public spaces, and online platforms—anywhere people interact and where bullying may arise. This broader scope is essential, but also raises questions about how clearly and effectively the law defines what bullying is and how it can be identified and punished.

What the New Law Says About Bullying – Including Online Abuse

Although the recent amendments to the Penal Code do not define “bullying” in so many words, they introduce six new offences—Sections 507B to 507G—that directly target the kinds of conduct most commonly associated with bullying, especially verbal abuse, psychological harassment, and online threats.

These provisions apply to any form of bullying, whether in person, at school, in the workplace, or online. This is especially significant in an era where cyberbullying, including doxxing and online threats, is increasingly common and damaging.

Here’s what the new law covers:

• Section 507B: Criminalises threatening, abusive, or insulting words or behaviour, whether in person or online, if they are intended—or known to be likely—to cause harassment, distress, fear, or alarm. Penalty: up to 3 years’ imprisonment.
• Section 507C: Even if the bully didn’t intend harm, they can be liable if their words or actions are likely to make a person feel distressed or alarmed. This includes cyber comments, messages, and posts. The law focuses on the effect on the victim. Penalty: up to 1 year in prison.
• Section 507D: Making someone believe they—or someone they care about—will be harmed, or provoking them to harm themselves, is now a criminal offence. This includes online provocation or threats. If it results in a suicide attempt or suicide, the punishment may extend to 10 years’ imprisonment.
• Section 507E: Known as doxxing, this makes it a crime to share or publish someone’s private information online (e.g. photos, phone numbers, addresses) with intent to cause distress or fear. Penalty: up to 3 years in prison.
• Section 507F: Criminalises the sharing of personal information to make someone believe they will be harmed, or to help others attack or harass the person. Includes group targeting and viral attacks. Penalty: up to 1 year in prison.
•  Section 507G: Defines “harm” broadly to include not just physical harm, but also psychological harm, reputational damage, and emotional trauma—all of which are common outcomes of online bullying.

Together, these sections offer the most complete legal framework Malaysia has seen to date to combat bullying in both physical and digital spaces. They reflect a critical shift: that bullying, especially cyberbullying, is not merely misconduct but can be a criminal act.

Still, the law could go further. A single, clearly defined offence of “bullying” would help schools, workplaces, and the public more easily identify and act against it. Until then, these six provisions offer real protection, especially for those who suffer in silence behind screens.

Overlap with Sexual Harassment

The new Penal Code provisions on bullying also overlap with protections offered under the Sexual Harassment Act 2022. Both legal frameworks recognise that harm is not limited to physical injury, but can include emotional distress, fear, and psychological trauma. While the Penal Code amendments focus on general bullying behaviours—whether in schools, workplaces, or online—the Sexual Harassment Act specifically targets unwelcome conduct of a sexual nature that causes discomfort or humiliates the victim.

Yet in many cases, particularly involving young people, bullying and sexual harassment often go together: persistent teasing, body shaming, inappropriate jokes, and coercive online behaviour may constitute both bullying and sexual harassment. Understanding this overlap reinforces the idea that respect, consent, and dignity must be upheld across all environments and that the law now provides a framework to achieve this.

Implementing the New Laws

Laws addressing bullying and sexual harassment will have little impact if they remain buried in legislation, unknown and unpractised. To be effective, these laws must be actively brought to life by the governors and managers of schools, universities, and workplaces.

Awareness is crucial.

Institutions must ensure that staff, students, and employees are made fully aware of their rights and responsibilities under these laws.

In schools and universities, especially, the relevant legal protections should be integrated into curricula and orientation programs.

These laws are not meant to be invoked only after an offence has occurred; their true power lies in prevention. By sharing them early and openly—especially with those most likely to offend or be victimised—institutions can create safer, more respectful environments where the law serves not only to punish, but to protect and educate.

9 May 2025