‘Young offenders need protection'
PETALING JAYA: While bullying – whether in schools or online – is unacceptable, young offenders must still be protected under the law, says Datuk Seri Azalina Othman Said.
This comes as five teenagers are expected to be charged in the Kota Kinabalu Juvenile Court today over the alleged bullying of the late Form One student Zara Qairina Mahathir.
The Minister in the Prime Minister's Department (Law and Institutional Reform) said the five teenagers must still be treated as children under the Child Act 2001, which guarantees confidentiality, legal representation and fair treatment.
'While we will not tolerate bullying, they are still children in the eyes of the law and their rights must be safeguarded, even as we hold them accountable,' she said in a statement yesterday.
She said the government will continue to intensify its efforts to curb bullying through a raft of legislative measures.
This includes the Online Safety Act 2024, amendments to the Penal Code, strengthening child protection laws and the appointment of Human Rights Commission of Malaysia (Suhakam) children's commissioners.
She added that the government is also studying the possibility of establishing a cyberbullying tribunal and an e-Safety Commissioner to ensure faster remedies for victims, rehabilitation for offenders and stronger digital safety education, especially for children.
'This will be done through the Legal Affairs Division of the Prime Minister's Department,' she said.
Zara Qairina, 13, was found unconscious in a drain at 4am on July 16 near her school hostel in Papar, Sabah. She was pronounced dead at Hospital Queen Elizabeth on July 17.
Meanwhile, Azalina said the government will review whether bullying cases in educational institutions should be handled through rehabilitative methods instead of punitive measures.
She said this was due to the age of perpetrators who are usually minors.
'There are concerns that when perpetrators and victims are children (minors), the Child Act 2001 still applies.
'We have to look into another process, whether we need a tribunal system or look at a different set of laws, which will be more for rehabilitation rather than punishment,' Azalina told the media after opening the Asean Law Forum 2025 at the Kuala Lumpur Convention Centre yesterday.
She was asked if there are enough provisions in the laws to handle bullying cases in schools.
Azalina said Malaysia needs to consider looking at models of other countries, which tend to look at bullying in educational institutions differently.
She said presently, there is no specific definition or clear punishment for the offence of bullying under any legal provision.
'Maybe for schoolchildren and students, we should use a tribunal system, such as the one we use for sexual harassment. We can then look into a punishment which is more rehabilitative than punitive, as the latter should always be the last measure,' said Azalina.
'However, I'm relieved that we have amended the laws to include bullying in the Penal Code in Sections 507B to 507G.
'We are also fortunate to have amended the Human Rights Commission of Malaysia Act, which enabled the appointment of a children's commissioner in Sabah and Sarawak.
'The move is timely but to be fair to the Education Ministry, it has its own anti-bullying guidelines,' she added.
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