Knowing
Your Rights Under Malaysian Law
While Malaysia lacks specific laws on OGBV, some legal protections exist. Understanding them can empower you to respond and protect yourself.
Understanding the Laws in Malaysia
Deep-rooted gender stereotypes, victim-blaming, and lack of awareness among authorities make seeking justice challenging.
That said, some have successfully deterred harassers by threatening legal action. While the laws may not be perfect, knowing your rights and gathering evidence can help you make informed decisions.
Knowledge is power.
Understanding your legal rights doesn’t guarantee justice—but it can help you take back control. Even in a system that isn’t perfect, being informed is a form of protection.
List of relevant legislation in Malaysia
Description of the law
This law asserts any person who insults the modesty of any woman by word, through sound, gesture or exhibits any object intentionally, shall be punished for a term which may extend to five years or be fined or both.
Types of OGBV
Victims of non-consensual dissemination of intimate images are protected by the provision.
Punishment
Imprisonment for up to five years or with fine or with both.
Description of the law
This law criminalises threats to cause death or grievous hurt, the destruction of any property by fire, or to cause any other offence punishable with death or imprisonment.
Types of OGBV
This provision protects victims/survivors who receive such threats both online or offline in nature.
Punishment
Imprisonment for up to two years in jail, a fine or both. When there are threats to cause death or grievous bodily harm, the prison term can be extended up to seven years.
Description of the law
This law states that whoever intentionally instils fear in a person, thereby dishonestly induces the person to (with fear) deliver any property or valuable security, commits extortion.
Types of OGBV
Section 383 is commonly used in cases of sextortion.
Punishment
Imprisonment for up to two years in jail, a fine or both. When there are threats to cause death or grievous bodily harm, the prison term can be extended up to seven years.
Description of the law
This law define “sexual harassment” as any unwanted conduct of sexual nature, verbal or non-verbal, visual, gestural, or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment.
Types of OGBV
This Act is limited in the workplace sexual harassment.
Punishment
If the occurence of sexual harassment is proven, the employer shall (i) dismiss the employee without notice, (ii) downgrade the employee, (ii) impose any other lesser punishment as the employer deems just and fit, and where the punishment of suspension without wages is imposed, it shall not exceed a period of 2 weeks.
Description of the law
This law was established in 2017 with the intention to protect children who are victims of sexual abuse or harassment.
Types of OGBV
Section 10 (access to pornography),
Section 11 (sexually communication with children),
Section 12 (child grooming),
Section 15 (non-physical assault on a child) of the Act covers OCSAE (Online Child Sexual Abuse Exploitation).
Punishment
Section 10: Liable to imprisonment maximum 5 years or fine maximum RM10,000 or to both.
Section 11: Imprisonment maximum 3 years.
Section 12: Imprisonment maximum 5 years and liable for whipping.
Section 15: Imprisonment maximum 10 years or fine maximum RM20,000 or both.
Description of the law
This law renders it an offence when a person makes, creates, or solicits any content that is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.
Types of OGBV
Victims of online harassment and violence are generally protected by this Act.
Punishment
A fine up to RM50,000, jailed up to a year, or both.
Description of the law
The scope of the sexual harassment would include ‘any unwanted conduct of a sexual nature, in any form, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is reasonably offensive or humiliating or is a threat to his well-being.’
Types of OGBV
Victims of online sexual harassment, cyberflashing, threats of rape & sexual violence and non-consensual dissemination of intimate images will be protected by this act.
Punishment
Offenders may have to pay compensation or damages of up to RM250,000 for any loss or damage suffered by the complainant. Those who fail to comply with the ruling can be imprisoned or fined.
Description of the law
Under the provision, a person is deemed to have committed stalking if the individual repeatedly by any act of harassment, intends to cause or knowing or ought to know, that such an act causes distress, fear or alarm to any person with regard to their safety.
Types of OGBV
Victims of stalking both online and offline are protected by this provision.
Punishment
Imprisonment of not more than three years, a fine or both.
Cf • Cyberflashing
Dox • Doxxing
GD • Gendered Disinformation
