Laws in Malaysia
Laws Related to Sexual Harassment
Since 2000, WCC has stood together with our sister organisations in the Joint Action Group for Gender Equality (JAG) to spearhead a campaign for a sexual harassment law for Malaysia.
Anti-Sexual Harassment Act 2022
Finally, the long awaited Anti-Sexual Harassment Act 2022 was passed in the Dewan Rakyat in July 2022 and gazetted in October 2022. Among others, the Act provides rights of redress for any person who has been sexually harassed, and a Tribunal for Anti-Sexual Harassment to hear complaints on sexual harassment, raise awareness, and prevent the occurrence of sexual harassment. Provisions of the Act will be enforced in stages starting from March 2023.However, there remain significant gaps in the Act in terms of protections for victims which will need to be addressed by further regulations, guidelines, and policies. To learn more about this, read the Memorandum prepared by the Anti-Sexual Harassment Advocacy Group comprising JAG, ENGENDER and Young Women Making Change.
Penal Code
There are some sections in the Penal Code which may give some protection. However, these provisions are limited.
| Sections | Offences | Punishment |
| 354 | Molestation (Assault or use of criminal force on a person with intent to outrage her modesty). | Imprisonment maximum 10 years or fine or whipping or any two of such punishment. |
| 355 | Assault or use of criminal force with intent to dishonour a person, otherwise than on grave provocation. | Imprisonment maximum 2 years or fine or both. |
| 377D | Outrages on decency. | Imprisonment maximum 2 years. |
| 509 | Word or gesture intended to insult the modesty of any person. | Imprisonment maximum 5 years or fine or both. |
Employment Act 1955
In 2012, sexual harassment was included under part XVA Employment Act 1955. A definition to sexual harassment was given under Section 2. It defines sexual harassment as any unwanted conduct of a sexual nature, whether verbal, 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. This is only limited to workplace sexual harassment.
Part XVA, Section 81A till 81G, states how to complain about sexual harassment at the workplace and the mandatory duty to enquire by the employer on sexual harassment complaints. It also lists down appropriate actions to be taken by the employer if sexual harassment is proven. Unfortunately, this Act has a lot of limitations.
Industrial Relations Act 1967
If you are dismissed unfairly or resigned your job due to sexual harassment, Section 20 of the Industrial Relations Act 1967 can help you to get reinstatement or compensation in lieu through the Industrial Relations Department if it is proven unjust.
Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace
In 1999, the Ministry of Human Resources introduced the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace. This is to encourage employers to adopt the Code of Practice against sexual harassment and an internal mechanism to prevent sexual harassment at the workplace.
This code served as a practical guidelines to companies to set up their own mechanism to handle sexual harassment at workplace. Unfortunately, the Code of Practice is not effective as it is just a mere guidelines and the companies are not mandatory to set up the mechanism.
The Public Service Department Circulars Updated 2018
In 2018, the Public Service Department issued a circular – a more comprehensive guidelines for handling sexual harassment in the workplace for the civil servants in the country. (Garis Panduan Mengendalikan Gangguan Seksual di Tempat Kerja Dalam Perkerjaan Awam)
The Communications & Multimedia Act 1998
Section 233 of the Communications & Multimedia Act 1998 which may give some protection from online sexual harassment.