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Children charged in court, such as Zara Qairina, maintain their anonymity in Malaysia, according to the nation's laws, ensuring their identities remain protected in the face of legal proceedings.

Anticipated Anti-Bullying Legislation to be Presented in Upcoming Cabinet Meeting, Confirms Minister in the Prime Minister's Department (Law and...) from Kuala Lumpur.

Malayesian Judicial Protections for Juvenile Defendants: Insight into Zara Qairina's Bullying Case
Malayesian Judicial Protections for Juvenile Defendants: Insight into Zara Qairina's Bullying Case

In a significant move towards ensuring a safer learning environment for children, the Malaysian government is set to table the Anti-Bullying Act at a forthcoming Cabinet meeting. The Act, proposed by Prime Minister Datuk Seri Anwar Ibrahim, will establish a tribunal for handling bullying cases involving students and children.

The need for such legislation has been highlighted by the absence of a specific definition of bullying or penalties for such offenses under existing legal provisions. This, according to Azalina, a key figure in the discussions, is the main issue with the current bullying situation.

While children can still be charged under criminal law for bullying, the procedure is different, and they cannot be tried in an open court. However, the exact details of the proposed legislation are yet to be disclosed, with the date and time of its discussion in the cabinet remaining undisclosed.

To ensure a thorough understanding and effective enforcement of the Anti-Bullying Act, discussions at the policy level are crucial. Ministries such as KPWKM, MoE, MoHE, and the Ministry of National Unity are involved in these discussions. Each ministry will submit its feedback on the enforcement aspects of the Act.

In preparation for this, the Legal Affairs Division (BHEUU) will conduct a detailed study and engagement sessions before bringing the matter to the policy level and Parliament. BHEUU will also soon issue a list of Frequently Asked Questions (FAQs) to clarify the differences between the Penal Code and the Child Act.

The MoE has developed a comprehensive guideline document for addressing bullying cases in schools. Azalina, in her clarification, highlighted that bullying-related cases are currently dealt with under various laws including the Online Safety Act, the Anti-Sexual Harassment Act, labour laws, and provisions under the Penal Code.

Meanwhile, on a broader international platform, the ASEAN Law Forum 2025 was held recently, attended by over 300 participants from ASEAN and international bodies. The forum discussed topics such as alternative dispute resolution, commercial law reform, and human rights in the digital era. Among the attendees were Deputy Prime Minister Datuk Seri Fadillah Yusof, Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran, Secretary of the United Nations Commission on International Trade Law (UNCITRAL) Anna Joubin-Bret, Timor-Leste's Justice Minister Sérgio de Jesus Fernandes da Costa Hornai, and Laos' Deputy Justice Minister Ketsana Phommachanh.

The Anti-Bullying Act is a significant step towards creating a safer, more inclusive environment for children in Malaysia. As the details of the Act are finalised and discussed, the hope is that it will provide clear guidance and effective solutions for addressing bullying cases, ensuring that every child has the right to learn in a safe and supportive environment.

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