ASEAN Regional Coalition to #StopDigitalDictatorship #PeoplePower | How Are People Resisting #DigitalDictatorship? On 3 October 2022, the parliament unanimously passed the Anti-Stalking Bill that criminalises acts of stalking both online and offline after years of advocacy from women groups.116 What happened before the law? Previously, stalkers. In 2020, Women’s Aid Organisation existing laws related to stalking such as the (WAO) reported that 91% of women have Domestic Violence Act or offences under the experienced an act of stalking with 39% of them Communications and feeling fearful, 8% threatened with harm and Multimedia Act 1998 did 12% experienced harm.117 In 2021, a woman not address the basic act was stabbed to death by her boyfriend in front of stalking such as continuous of her children despite numerous police reports following and contacting, and filed against him regarding stalking incidents, did not have measures to restrain harassments and break-ins a month before.118 4.3 Access to Effective Remedy: No Constitutional Right to Access Justice and Appeal The Federal Constitution of Malaysia does not Limited judicial independence, along with legislation stipulate the right to access justice, appeal and restricting judicial review and the executive influence obtain effective remedy. In Danaharta Urus Sdn Bhd over judiciary, deters individuals from seeking redress. v. Kekatong Sdn Bhd, the Malaysian Federal Court According to members of the Malaysian Bar Council, reasoned that the right of access to justice “cannot NGO officials, and other observers, the demarcation amount to a guaranteed constitutional right.” As lines between the executive, the judiciary, and the such, there is an ongoing judicial debate between the state are becoming increasingly blurred. This is Court of Appeal and the Federal Court over whether also evidenced by a series of arbitrary or politically or not the right to access justice is a fundamental motivated verdicts in high-profile cases issued by right. In practice, access to justice is frequently courts.121 Several existing laws jeopardise the right hampered by the lack of a clear legal framework for to due process. For the broadly specified “security obtaining damages for harm suffered, as well as by offences,” the 2012 Security Offences (Special the limits of current legal provisions. Measures) Act allows police to detain anyone for up Malaysia 120 119 169

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