Cyberstalking and Law in Malaysia

·    Jack*  calls Jill* everyday as many time as possible asking her to go out. Jill feels uncomfortable with massive phone calls, messages and emails

·    Jack calls Jill and remain silence and makes heavy breathing sounds

·    Jack download Jill’s picture from  her blog and post it on an online forum  with degrading messages or insulting words about Jill

(* not real name)

The above examples are known as cycerstalking.

Cyberstalking or online stalking is a way of harrasing (thresatening, false accusation, identity theft) someone by using technology. It also include the exploitation of the minors (it may be in terms of sexually or otherwise).

Victim can be man or woman or even children.

Real case in Malaysia; Lee David Clayworth, a Vancouver teacher  was cyberstalked by his Malaysian ex-girlfriend, Lee Ching Yan. She started to cyberstalked him as soon as they broke up. She sends him alsmost  200 messages to him everyday and sometime posted nude pictures of him with offending words. Clayworth took legal action against Yan and he won the case. Yan was found guilty of defamation under the Defamation Act 1957. However she left the country as soon as the arrest warrant was issued and she carried on cyberstalking  Clayworth for some time.

In Malaysia, there is no specific law pertaining to cyberstalking. Section 233 of the Communications and Multimedia Act 1998 (improper use of network facilities / service) can be regulated in cyberstalking offences;  however such harassment should  be in a form of electronic harassment which is obscene, indecent, false, menacing or offensive in character.  Punishment is imprisonment of maximum one year, or fine of maximum RM50,000 or both.

Unlike Malaysia , Singapore has introduced the Protection from Harrassment Bill 2014 to protect victims from harrassment and anti social behaviour. Anti social acts such as cyberstalking, bullying of children, sexual harassment in workplace and cyber harassment are now deemed illegal. If a person is found guilty based on the above offences, the person will be fined up to S$5,000.00 or a jail term not exceeding 12 months. Repeat offenders may face a fine up to S$10,000 and / or jail term of not more than two years.

Even though there are law to protect the cyberstalking victim, a stalker may change his/her profile to continue stalking the victim. Law can only be regulated if the stalker’s profile is known. The measure might not be implemented in cases where the offenders are anonymous.