Malaysians need to know that stalking is now deemed a crime in our country. Individuals found guilty of stalking, regardless of whether they are men or women, can now be jailed for up to three years or fined, or both.
This is after the Dewan Rakyat on March 29, 2023 passed the Penal Code (Amendment) Bill 2023 with a new section 507A introduced into the Penal Code [Act 574] for the offence of stalking. This particular bill was also passed by the Dewan Negara on April 7, 2023.
A survey by a local research company and the Women's Aid Organisation (WOA) in 2020 of 1,008 respondents showed that stalking was rampant in the country. Some 36 per cent of Malaysians experienced being stalked and felt fear, 12 per cent were threatened while 17 per cent suffered injuries.
With the latest amendment to the existing laws, Malaysia joins a few countries in Asia that have legislation criminalising stalking on their books. India identified stalking as a crime in 2013, along with a set of new anti-rape laws, while Singapore did the same in 2014, with the introduction of an anti-harassment law.
In 2021, Japan strengthened its anti-stalking laws to broaden the scope of offending acts, which now include installing GPS tracking devices on targets' cars and harassing victims via written letters. People need to be aware of the current technological developments on this issue.
With the advancement of technology, there are various kinds of recording devices which can be used as evidence to support or deny certain issues or allegations in court, including recording devices which have become of increasing prominence in our daily life. These include video cameras in smartphones, closed-circuit television (CCTV), surveillance cameras and dashcams.
With the advancement of video recording technology, it has becoming easy for criminals or perverts to conceal a camera or spy cam in fitting rooms or public restrooms. Cameras or any recording devices should not be used for crimes like blackmail, extortion or to infringe on people's privacy.
Recently, there were news reports of a 23-second viral video that supposedly showed a 22-year-old man engaging in what appeared to be a sexual act in a car with a 17-year-old girl. People should not use cameras or any recording device to stalk anyone.
Stalking is unwanted and/or repeated surveillance by an individual or group towards another person. Stalking behaviour is linked to harassment and intimidation and may include following the victim in person or monitoring them through high-tech devices like cameras or any recording device.
So, it is vital for everyone to utilise cameras and all recording devices with utmost care and caution. At the same time, victims must never allow themselves to be subjected to stalking or any behaviour associated with it.
With the recent amendments to the law, the victims should exercise their right under the law and bring action against anyone who violates their privacy.
The writer is an Associate Professor, at the Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM)
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times