Govt mulls separate anti-bullying laws for children, adults, says Azalina

The Star

The government is considering introducing separate legislation to address bullying among both children and adults, says Datuk Seri Azalina Othman Said.  The Minister in the Prime Minister's Department (Law and Institutional Reform) said the Cabinet would decide whether the proposed Anti-Bullying Bill should be divided into two frameworks, one for minors under 18 and another for adults, to ensure suitable treatment for each group according to its context.  Read more at https://tinyurl.com/wt3s5a7n  WATCH MORE: https://thestartv.com/c/news SUBSCRIBE: https://cutt.ly/TheStar LIKE: https://fb.com/TheStarOnline

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00:00In reference to the government again I keep mentioning that the definition of

00:08bully has to be more specific because right now the bully is not just by

00:13certain certain approach because as I said verbal, emotional, social, cyber so

00:21that is quite considered not defined in any specific law as of now so we hope by

00:28having this particular law that starts with this definition that's technically we

00:33are kicking the ball starting the ball to roll that well this is what we define

00:37the bully in Malaysia now of course the students also raise about does it apply

00:41to us being non Malaysians and all that so of course I mean long is long life the

00:46law if you if you if you are an offender an offender you're an offender but

00:51nevertheless because below 18 the specific advice by the child commissioner from

00:56so what comes is the punishment must be considered a bit different and secondly

01:01they're looking into the quasi judicial which is the the platform of the court

01:05itself it's not a normal court it's a quasi judicial so it's faster and it's more

01:10confidential and it looks into a lot of issue as what also some of the panelists

01:14mentioned it could be a mediation platform it could be an education that's not a

01:18education education adjudication platform so basically to find a solution that's what a

01:24tribalist all that but in reference to here now over 18 they looking it from a

01:29different perspective whether is it considered a skill as a crime or you are

01:33looking at it not from the criminal perspective now all this will have to be to be

01:37evaluated by the cabinet I can't I can't really say yet until but we already got the

01:43the the the the act in place so this week we will handle the East Coast and and we hope then

01:52will be Sabah Sarawak but so far we hope we'll be on time as what we I have promised also to the

01:57Prime Minister that the December seating will be the the first second and third reading of the

02:02particular anti-bully tribunal that do you think by narrowing down the definition of

02:08and and of bullying that will exclude future definitions of bullying that we don't know of yet

02:14and how do you decide what goes to the tribunal and what is criminal prosecution I think one

02:19thing you must understand is that say for example in reference to sexual harassment when when you go to the

02:26the sexual harassment for the tribunal that happens now under the ministry can you go to the other

02:33courts to claim for other damages or not sometimes it does allow so it's not just a closed gap that is

02:39only this way and you settle it this way it would depend on certain cases but a criminal act as you know

02:46under say five or seven when you do a certain act and it causes death like the Elsa clause that is a criminal

02:54offense is that the bully under the definition it could also be deemed as a bully but at the same time

03:01the bully is causing the death so you really be five or seven which we have amended so that is a

03:06specific scenario that act causes more criminal action so then you go to the court so the so the police

03:14they buka the IO they investigated and then the DPP decide to discharge in the penal code that's quite clear

03:21quite straightforward but what about cases that is happening in a in a quasi judicial situation that

03:28we can try to find a solution in cases of certain behavior so it cannot be to the degree of uh penal

03:35behavior you know like for example verbal abuse or verbal bullying does it is it a criminal act it depends so

03:43much of course you can sue for defamation for verbal but that is a different call but pending all that

03:49and then these are kids going to school to know that when they go to school they must feel safe

03:54same thing with the university students so the system saying that look we have a system in place

03:59but the response that we are getting is that it's not good enough we want to be able to say we want the

04:04perpetrator to be punished not just uh with certain punishment is what the system in the school is

04:10prescribing so we went to one state i don't know where it was some of the teachers said look if

04:14you push the student up from school a and then the student go to school b then the character bullying

04:20is in school b betul tak okay then another one say if you uh punish the student and then you kick the

04:26student out from school budak ni duduk kat luar jadi penjenayah pula so that is what the when we did the

04:31town hall the the various uh perception came up from point of view came up from the teachers the

04:37the PIBG the association the NGO so it's true so the whole purpose of this is that the child

04:44commissioner's point of view is that if it's in school and is below 18 the behavior is that they call it

04:50what is it the term uh uh the term they use for the child commissioner is uh uh not punishment

04:58restorative judgment maknanya dia membaiki akhlak aa dia kena pergi counselling ataupun dia buat aa

05:10hukuman masyarakat aa mungkin dia kena chart aa dia kena chart satu puter jaya ke so benda

05:16macam itulah so dia belajar daripada sikap dia sebagai contoh that is basically why dalam bawah

05:21lapan belas tu charter commissioners advice is that kita tengok dengan jenis hukuman sebab they they

05:26believe that budak-budak ni mungkin kita tengok di segi perangai bully tu depend on the type of bully tu

05:31mungkin dia kena ada peluang kedua di segi ke tetapi kalau bully dia ke arah conduct jenayah dia bully

05:37campur perangai-perangai lain tu memanglah jenayah mahkamah jenayah akan ambil tindakan takkanlah sebab

05:43dia bawah lapan belas and dia di bawah perangai bully tu dia tak boleh dikenakan tindakan di bawah kandu keseiksaan

05:49kerana perangai jenayah that's what we're doing we're not doing that pasal dia bawah lapan belas dia bebas

05:54aa semalam ada pandangan kata budak-budak 18 tahun ni kena sebat lah kena ni lah kena tu itu pandangan aa mungkin ibu bapa

06:01tapi bagi pihak kita di segi anti bully ni aa our objective ialah kita define and then kita tengok platform di segi proses aa perbicaraan

06:10pasal judicial tribunal dan kemudian hukuman yang nak dikenakan ok katakan lepas 18 tahun ni dalam kes-kes KPT

06:18ini pun isu lain pula yang kita nak kaji tu sebab kabinet kena buat perbicaraan ni tu

06:23itu sahaja lah

06:25macam jenayah apa ni gangguan seksual sekarang dah kurang kan betul tak

06:30lelaki pun tak boleh kena gangguan perempuan tak boleh kena gangguan

06:33so kalau sesiapa rasa mereka diganggu dia pergi tribunal semua takut nak ganggu kan

06:37aa dia macam tu kan because you know the law is there betul tak so this is why law is for that lah prevention better than cure ye

06:44so

06:46you

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