Cyberstalking: More holistic protection for survivors needed, says womens group

KUALA LUMPUR: Proposed amendments to the law to criminalise stalking are expected to be tabled for second and third readings in the Dewan Rakyat sitting in October.

Deputy Minister in the Prime Minister's Department (Parliament and Law), Datuk Mas Ermieyati Samsudin had said this would cover both physical and online stalking.

Lilian Kok of the All Women's Action Society (AWAM) explained it was necessary for the law to also cover cyberstalking as it was potentially more dangerous than physical stalking, due to the complications that may arise.

“Cyberstalking may lead to cybercrime such as identity theft and cyber fraud.

“Complaining to telecommunication service providers or even the Malaysian Communications and Multimedia Commission (MCMC) is of little use as the stalker can sign up with another account. This goes back to the anonymity aspect that perpetrators ride on to commit cyberstalking” she said.

She added that tracking devices were also commonly available for perpetrators to gain access to one’s whereabouts.

One of the biggest challenges with cyberstalking, she said, was that the police are often unable to take action due to the lack of physical injuries to the survivor.

“This is why there are survivors who take drastic measures to uproot their lives and in some cases, leave the country altogether to avoid being stalked."

The proposed amendment to the Penal Code, which involves the introduction of stalking as a new offence, was tabled for its first reading in Parliament on Aug 4.

It is to insert a new section, 507a, under Act 574 to provide for the offence of stalking.

However, there are still some gaps that need to be addressed.

“What we would like to see is doxing included in the amendment as well,” said Kok.

She also said the Ministry of Communications and Multimedia should work in tandem with the police and telecommunication providers to ensure all reporting mechanisms against cyberstalking are taken seriously.

To ensure more holistic protection for survivors, Kok hoped Putrajaya would step up its efforts to sustainably address and eventually prevent cyberstalking.

These include multisectoral engagements and partnerships with telecommunication and local technology firms to implement anti-online harassment policies within virtual spaces, she said.

“It would be good if we can have feasible studies and multisectoral consultation on an Online Safety Bill that will comprehensively protect survivors.

“At the same time, this Bill should be harmonised with existing laws that deal with online crime such as identity theft, doxing as well as spread of misinformation or obscene materials,” she added.