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