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Proposal for the provision of Anti-Bullying to be enacted

[2023] 3 MLJ in the Child Act 2001 xxxi

PROPOSAL FOR THE PROVISION OF ANTI-BULLYING

TO BE ENACTED IN THE CHILD ACT 2001

by

YEOGHINI A/P GANESAN

Faculty of Law,
Multimedia University, Malaysia
1191101722@student.mmu.edu.my
and

LAHVEENYA A/P PANCHALINGAM

Law Lecturer
Faculty of Law
Multimedia University, Malaysia

Abstract

The number of bullying cases specifically, among children in Malaysia, is increasing

on a day-to-day basis. Bullying issues cannot be taken lightly as it affects children’s
lives as well. There are also very few legislations that specifically govern bullying in
Malaysia. Hence, one of the objectives of this paper is to determine if the current
laws are adequate enough to address bullying issues in school. The second objective
is to develop an Anti-Bullying provision to be enacted in the Child Act 2001 by
making a comparison of anti-bullying laws in various jurisdictions such as the
Philippines, New York and Finland. Thus, the question imposed here is whether the
enactment of the provision of anti-bullying in the Child Act 2001 could reduce the
number of bullying cases among Malaysian children. The methodology used in this
paper is the doctrinal legal research method as it focuses on the legal analysis of the
existing laws pertaining to bullying, compares the laws in various jurisdictions and
demonstrates the need for Malaysia to adopt anti-bullying provisions. The paper has
developed several provisions of Anti-Bullying that can be enacted in the Child Act
2001 to reduce bullying cases among Malaysian school children.

Keywords: bullying, children, Philippines, New York, Finland

INTRODUCTION

The number of bullying cases, specifically, among children in Malaysia, is

increasing on a day-to-day basis. Thus, the question imposed here is whether
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the enactment of the provision of anti-bullying in the Child Act 2001 would be
able to reduce the number of bullying cases among Malaysian children. The
methodology used in this paper is the doctrinal legal research method as it
focuses on the legal analysis of the existing laws pertaining to bullying, by
comparing the laws in various jurisdictions and demonstrating the need for
Malaysia to adopt anti-bullying provisions.

According to the Anti-Bullying Alliance Organisation, bullying is defined

as hurting a victim or a group of victims repetitively and with a malicious
intention where the relationship involves an imbalance of power.1 Bullying is
also defined as hurting or frightening someone smaller or less powerful and
forcing the victims to do something they would not want to do. Bullying can be
described as aggressive, negative behaviour by a perpetrator or a group of
perpetrators towards a victim to show that the perpetrators are powerful. In
most cases, bullying is done in a manner that intimidates, abuses or forces the
bully victim with the intention to hurt the bully victim either physically or
emotionally. There are mainly three characteristics of bullying namely: mens rea
or intention, repetition and power imbalance. The intention will take place
when the bully wants to hurt the victim either physically or emotionally
deliberately. Repetition occurs when the bully keeps on hurting the victim
repeatedly. Lastly, there will be an existence of power imbalance as the bully will
show more power toward the victim. Whereas a child is defined as a person
under the age of eighteen years who has not attained the age of majority
according to s 2 of the Child Act 2001. It is important to define a child as this
paper mainly focuses on the bullying that takes place among school children
from Primary School Level to Secondary School Level.

Bullying takes place in many forms which are physical bullying, verbal
bullying, social bullying, and cyberbullying. One of the most common types of
bullying among Malaysian students is social bullying which was identified by
HAKAM’s 2018 survey.2 Social bullying is a type of bullying where bullies
spread rumours or embarrass the victims in public. This will then make the
victim isolate themselves. It is significant to remember that bullying is a type of
exploitation that all children should be protected from.

1 Anti-Bullying Alliance, ‘Our definition of bullying’ (Anti-Bullying Alliance) <https://anti-

bullyingalliance.org.uk/tools- information/all-about-bullying/understanding-bullying/
definition> accessed on 17 April 2023
2 ‘The Pandemic That’s Putting Malaysian Students in Danger’ (Eduadvisor, 13 June 2018)
<https://eduadvisor.my/articles/bullying-pandemic-malaysian-students-danger/> accessed
on 19 April 2023.
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According to research by UNICEF, bullying is so prevalent among

Malaysian students that a 2018 survey discovered that eight out of ten
Malaysian students have experienced bullying at their respective schools.3
More recently, in 2022, 42 bullying cases were recorded in Perak Schools
between January and July.4

BULLYING CASES THAT BECAME VIRAL NATIONWIDE

A massive 84% of Malaysian children have been bullied online or offline.5 This
statistic can be further strengthened by a few bullying cases across the nation.
Lately, a bullying case took place in a school situated in Negeri Sembilan where
a Form 2 boy was beaten up by Form 4 students. The Form 2 boy had injuries
on several parts of his body. Police are still enquiring about the case.6 One of the
most-viralled bullying cases in 2021 took place in Maktab Rendah Sains Mara
(Malaysia) ( ‘MRSM’). A video clip of ten MRSM students punching and
kicking another student went viral all over social media. The victim suffered
from soft tissue injuries and the bullies were later expelled from MRSM.
Another shocking bullying case that happened took place in Universiti
Pertahanan Nasional Malaysia whereby a student named Naval Cadet
Zulfarhan Osman Zulkarnain was admitted to the hospital with horrible
injuries which include burn marks allegedly caused by a steam iron. He was
later pronounced dead. The bullies were charged with murder.7 Another
bullying case happened in 2018, whereby T Nhaveen was tortured badly by his
classmates which resulted in his death. Four of his classmates were charged with

3 ‘Standing Together to Curb Bullying’ (UNICEF Malaysia, 21 June 2018) <https://www.

unicef.org/malaysia/stories/standing-together-curb-bullying> accessed on 19 April 2023.
4 Malay Mail, ‘Cops: 42 Bullying Cases Recorded in Perak Schools from January to July This
Year’ (Malay Mail, 24 September 2022) https://www.malaymail.com/news/malaysia/2022/
09/24/cops-42-bullying-cases-recorded-in-perak-schools-from-january-to-july-this-year/
29864 accessed on 19 April 2023.
5 ‘Statistics on Bullying in Malaysia’ (Curb Bullying in Malaysian Secondary Schools, 26
November 2013) https://curbbulying.wordpress.com/bullying/statistics-on-bullying-in-
malaysia/ accessed on 19 April 2023.
6 Reporters FMT, ‘Cops take statements from 30 students in bullying case’ (Free Malaysia
Today, 17 May 2022) https://www.freemalaysiatoday.com/category/nation/2022/05/17/
cops-take-statements-from-30-students-in-bullying-case/ accessed on 19 April 2023.
7 Gunaratnam S, ‘Bullied, Murdered UPNM Naval Cadet: Five Students Charged with
Murder: New Straits Times’ (NST Online, 14 June 2017) https://www.nst.com.my/news/
crime-courts/2017/06/248852/
bullied-murdered-upnm-naval-cadet-five-students-charged-murder accessed on 19 April
2023.
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causing grievous hurt and murder.8 In 2004, a victim was paralysed and
consequently suffered spinal cord injuries due to bullying by a few Form 5 and
Form 3 students. These students kicked the victim with a police cadet’s shoes.

Based on these gruesome cases, it can be concluded that there must be a

provision for Anti-Bullying to be enacted in the Child Act 2001. Naval Cadet
Zulfarhan Osman Zulkarnain’s case should not be repeated in Malaysia’s
history again after the enactment of the said provision.

CAUSES OF BULLYING AMONG SCHOOL CHILDREN

There are several causes of bullying among school children. One of the causes
of bullying is that the bullies were once also victims of bullying who suffered
from severe mental and physical trauma. It is regarded as a very detrimental and
disturbing behaviour that disrupts mental peace. Thus, these bullies channel
their anger by repeating that bullying behaviour toward others who are less
powerful. Students who have low self-esteem bully victims to make them feel
better about themselves. Some people even lose their confidence after getting
bullied, either temporarily or permanently.

Not only that, bullies might also carry out the bullying act as they feel
jealous and envious of the victims. A case study was conducted among twenty
students in one of the secondary schools in Kuala Lumpur, Malaysia.9 In the
case study, it was found that one of the bullies was jealous of their fellow peers
as they said that ‘I think clever students are showing off. They don’t want to
help others. I’ve got to give them a warning!’.10

In the same case study, another student bullied someone to defend a friend
of the same race. Students feel compelled to defend their friends of the same
race when they are abused. One of the students also mentioned that ‘I can’t
stand if kids from other races beat kids of my race. I must help my race’.11

Students who are dominant, confident, or assertive may also threaten others
as a way to gain power. For some students, low self-esteem is a risk factor for

8 Trisha N, ‘T. Nhaveen Murder Trial: Key Witness Names Four Accused as Those Who
Bullied the Victim in School’ (The Star, 15 September 2021) https://www.thestar.com.my
accessed on 19 April 2023..
9 Salleh NM and Zainal K, ‘Bullying among Secondary School Students in Malaysia: A Case
Study’ (2014) 7 International Education Studies.
10 ibid.
11 ibid.
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being bullied. Children who appear weak, unpopular or are not able to defend
themselves may become victims of bullying.

In short, there are several causes of bullying among children which must be
identified and solved by the provision of Anti-Bullying which will be enacted in
the Child Act 2001.

EFFECTS OF BULLYING AMONG SCHOOL CHILDREN

There are a number of negative effects of bullying among children. The effects
of bullying are experiencing negative physical, emotional, academic, and
mental health issues. 12 Bullying can harm the victim physically, undermine
their self-esteem and sense of trust in other people, and have an impact on how
they develop as a person.

Physical bullying is a very pressing issue among school children. Usually,

students use sharp or heavy weapons such as knives, iron and heavy shoes to
bully a victim. These eventually lead to serious injury or even might result in
death.

Verbal bullying also may cause serious effects on a victim. It might not have
a direct effect as shown by physical bullying, but it also affects the victim’s
emotional and psychological state. This means that the victims of bullying will
have a sense of fear to attend school. There is a high chance that they will
become resentful or unsympathetic and bully others one day.

These victims may feel depressed or even get social anxiety when
communicating with others. They might also feel lonely as they are too
frightened to talk with anyone. They also might experience difficulty in
forming relationships due to them being traumatised by the bully victims.

Furthermore, the victims may also experience severe physical injury or get
frequent headaches, sleep disturbances, or somatisation due to them being
bullied. According to New Sarawak Tribune, International Islamic University
Malaysia psychiatrist and lecturer, Dr. Rozanizam affirmed that trauma

12 Mallow MS, ‘School Bullying in Malaysia: Cause, Effect and Possible Solution’ [2020] 2
MLJ lxxxv.
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brought on by recurrent flashback scenes to their bullying experience and

disturbed sleep are some of the short-term effects suffered by victims of
bullying.13

In addition, their academic achievement might also be affected as they may

skip classes because they are scared of their bullies thus making them feel unsafe
in their schools. The term ‘school phobia’ or ‘school refusal’ refers to this
phenomenon. They might also lack concentration when studying. These
effects do not only affect the academic achievement and mental well-being of
the victims, but they can also extend to the victims getting addicted to drugs
and alcohol.

In short, bully victims experience physical, emotional, academic, and

mental health issues because of these bullies who keep on bullying them.

MALAYSIA’S CURRENT LAWS IN RELATION TO BULLYING AND

ITS LOOPHOLES

Based on all these statistics and gruesome cases, it is long overdue for Malaysia
to enact the provision of anti-bullying in the Child Act 2001. There are several
Malaysian current laws that deal with bullying issues which consist of the Penal
Code, the Child Act 2001 and the Communication and Multimedia Act 1998,
(‘CMA’). These laws are inadequate in protecting bullying victims in
Malaysia.14 The reason for inadequacy would be discussed after this.

The Penal Code

There are several elements of bullying that may fall under the offending
provisions of the Penal Code (‘the PC’). The punishment for a bully causing
voluntarily hurt is found under s 323 of the PC. The punishment for a bully
causing hurt which is grievous in nature is found under s 325 of the PC. The
punishment for a bully who uses any dangerous weapons or means while
bullying, is found under s 326 of the PC. By looking at the above-mentioned

13 Awang B, ‘Prevent bullying from the outset to avoid lasting impact on victims, says experts’
(New Sarawak Tribune, 18 November 2021) <https://www.newsarawaktribune.com.my/
prevent-bullying-from-the-outset-to-avoid-lasting-impact-on-victims-say-experts/> ac-
cessed on 19 April 2023.
14 Rajamanickam R and others, ‘Defining Bullying among Students from Criminal Law
Perspective: Comparison between Malaysia and the Philippines’ (2019) 7 Universal Journal
of Educational Research 1643.
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sections, the PC only covers physical bullying, but it does not cover emotional
bullying such as abusive teasing or name-calling and cyberbullying which
happens in the cyber world.

Child Act 2001

Another statute that covers bullying among school students is the Child Act
2001. The Child Act 2001 merges three important acts affecting children and
young people, namely the Juvenile Court Act 1947, the Child Protection Act
1991, and the Women and Girls Protection Act 1973. Even though a child is
found guilty under the PC, he will be charged under the Child Act 2001.

Section 91 of the Child Act 2001 gives power to the Court for Children to
impose certain punishments for child bullies such as paying fines, sending the
child to a Henry Gurney School and more. It must be noted that the offence
must be proven in order to impose these punishments which makes the child
bullies escape the liability of bullying easily. Moreover, pursuant to s 74 of the
Child Act 2001, children below the age of 14 will not be sent to a Henry
Gurney School even if they are found guilty of any offence punishable with
imprisonment. There are cases where the bully is below the age of 14. In 2002,
a 13-year-old boy killed an 11-year-old girl because the victim was calling him
‘stupid’ and ‘fatty’. This provision should be amended as it contains loopholes
such as the bullies may escape receiving punishment to attend Henry Gurney
School just because the bullies are below the age of 14. In addition to that, the
provision must be amended where the length of time is judged according to the
severity of the offence.

Laws on cyberbullying
According to research done by Comparitech, it has stated that Malaysia was
ranked sixth among 28 countries in a survey on cyberbullying around the
world.15 In a survey entitled the effect of cyber threats on children, conducted
by the cyber security unit of Malaysia, it was found that about 60% of the cases
reported to them were about cyberbullying on social networking sites such as
MySpace and Facebook. School children these days are addicted to their
phones especially since they are prone to using applications such as TikTok and
Instagram where they may be victims of cyberbullying.

15 Says: JG and others, ‘Cyberbullying facts and statistics for 2018 – 2023’ (Comparitech, 18
December 2021) https://www.comparitech.com/internet-providers/cyberbullying-statistics/
accessed on 19 April 2023.
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Currently, there are no specific laws on cyberbullying in Malaysia. The

Computer Crimes Act 1997 (‘the CCA’) is one of the main laws that govern
cybercrimes in Malaysia. Sections 38 of the CCA only covers the offences of
hacking, unauthorised modification of computer content, wrongful
communication, and abetments or attempts to commit offences under CCA.
Thus, CCA does not include cyberbullying as an offence.

Section 233 of the Communication and Multimedia Act 1998, (‘the CMA’)
provides that the improper use of network services, which includes making any
comment that is considered offensive, abusive and intended to harass another
person is an offence.

Section 305 of the PC criminalises the abetment of suicide of a child or

insane person and upon conviction, the offender shall be sentenced to death or
imprisoned for up to 20 years and subject to a fine. Section 507 of the PC also
states that whosoever commits the offence of criminal intimidation by
anonymous communication shall be punished with imprisonment for a term,
which may extend to two years.

As for cyberbullying, the laws that Malaysia has in its hands are not strong
enough to protect children from cyberbullying. Based on the relevant sections
under the CCA,16 it does not regard cyberbullying as an offence although
cyberbullying should be regarded as an offence under the CCA because it also
involves the improper use of computers.17 As for CMA, s 233 of the CMA is
very vague in the sense that it is not fully crafted for the prosecution of
cyberbullies. As for the PC,18 it is unquestionably inadequate in protecting the
victims of cyberbullying. In short, the existing laws in Malaysia are certainly
insufficient to protect children from cyberbullying in this digital era.

THE EFFECTIVENESS OF MALAYSIA’S CURRENT BULLYING

SYSTEM (‘SISPA’)

Just recently in 2022, our Education Minister Datuk Dr Radzi Jidin

announced that he will create a special unit specifically dedicated to handling
bullying cases. This unit will compromise officers who have experience in
dealing with bullying cases. Victims or parents of victims who are bullied may
report their experience of getting bullied through the portal via a hotline

16 Computer Crimes Act 1997, ss 3, 4, 5, 6, 7 and 8.

17 Razali NA and Nawang NI, ‘An Overview of the Legal Framework Governing
Cyberbullying among Children in Malaysia’ (2022) 30 IIUM Law Journal 207.
18 Penal Code, ss 305 and 507.
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(03-8884 9352), WhatsApp (014-8009325), email (adubuli@moe.gov.my), or

through their official website as well.19 It must also be noted that the
complaints that go through the system will be reported anonymously.

Parents might also be uncomfortable complaining about their children

being bully victims to the school administrator. They might also have a fear that
the complaints that they have made would be swept under the carpet. Thus, via
this system, they may report it anonymously and receive the solution that they
desire.

Moreover, our education minister also mentioned that they will filter out
the complaints that they get from the less severe one which can be resolved
immediately, a bit more severe one which needs in-depth investigation, and the
most severe one which requires the involvement of the police.

This website has included an efficient system to report bullying cases. The
system has a space for photo and video evidence to be uploaded. It would be
convenient for victims, who are usually minors, as they need not leave their
houses to report the incidents. The website has also provided contact numbers
of officers who are dealing with bullying cases, which victims may contact if
they have any queries. With this existence of the system, victims would be brave
enough to complain against the bullies if a step-to-step guideline is provided
under the enactment of the provision of Anti-Bullying in the Child Act 2001.

The system is quite effective in tackling bullying cases among school

children as they have received quite a number of complaints. Since the
complaints can be made anonymously, more victims may come forward to
report their bullying incidents. Malaysia can retain this system as it is proven
that it is quite effective in reducing the number of bullying cases in Malaysia.
One might argue the need for this reporting system as students have the
option to complain to their respective school administrators. However, this
reporting system would be mainly for the children’s complaint which has been
ignored by the school administrative members.

COMPARATIVE STUDY WITH OTHER COUNTRIES

A comparative study of the anti-bullying act with a Southeast Asian country

which is the Philippines and another two comparative studies with New York

19 BPM, ‘Portal Aduan Buli’ (KPM — Portal Aduan Buli) https://www.moe.gov.my/aduanbuli

accessed on 19 April 2023.
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and Finland has been conducted in this paper.

Comparative study with the Philippines

One of the first countries that enacted an anti-bullying law is the Philippines,
the name of ‘Philipines Anti-Bullying Act 2013’ (‘the Act’). Philippines’s
President Aquino signed the Act requiring all elementary and secondary
schools to adopt policies to prevent and address bullying in their educational
institutions. There are about ten sections in the Act that must be adopted by
Malaysian policymakers when enacting the anti-bullying provision into the
Child Act 2001.

Section 2 of the Act covers the various acts of bullying such as physical
bullying, cyberbullying and also emotional bullying. It has given a
comprehensive definition of the various types of bullying. Malaysia should also
give a detailed definition whereby it encompasses all the types of bullying when
adopting the provision of Anti-Bullying in the Child Act 2001. By doing this,
there will be no loopholes in the definition and the child bullies may not be able
to escape their liabilities.

Moreover, under s 3 of the same Act, it has adopted anti-bullying policies.

These policies must be known to the students as well as their guardians. Such
policies shall likewise be included in the school’s student and employee
handbook and shall be reasonably noticed in the sense that it must be posted on
the school walls and school website. The law also mandates schools to conduct
a rehabilitation programme for victims of bullying. It also urges schools to set
up clear procedures and strategies that will protect students who report acts of
bullying to prevent retaliation. The section also provided that students may
report instances of bullying anonymously, but the school may not take
disciplinary action solely on the basis of an anonymous report.

The anti-bullying policies should be adopted by Malaysian schools, both

private and public schools to reduce the number of bullying cases. The policy
must include a thorough procedure on how to report bullying incidents. Not
only that, but it must also provide rehabilitation programmes for those
children who are the victims of bullying. By mandating this policy, there can a
significant amount of bullying cases reduced in Malaysia.

In addition, s 4 of the Act is about mechanisms to address bullying. Any

member of the school administration, student, parent, or volunteer shall
instantly report to the law enforcement agency of any instance of bullying. The
school administrator shall have the authority to take appropriate disciplinary
administrative action against bullies, and also to inform the parents of the
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victims and the bullies if they suspect any cases of bullying. Malaysian
policymakers should also include a provision which encompasses mechanisms
to address bullying so that any school members who have witnessed any
incidents of bullying may know how to report it to take action against the
bullies.

Reporting requirements are provided under s 5 of the Act. One of the

requirements is that in every first week of the start of the school year, schools
shall submit a report to their respective schools’ division superintendents with
all relevant information and statistics on acts of bullying or retaliation. This
requirement would help the Ministry of Education of Malaysia, ( ‘MOE’) or
policymakers to know if the Act is really effective in helping to reduce the
number of bullying cases in schools.

There is also a sanction provision for non-compliance provided under s 6 of

the Act. If any public schools failed to comply with the Act, the Ministry of
Education would provide appropriate administrative sanctions on school
administrators. If it is a private school that failed to comply with the Act, then
the school suffers the penalty of suspension of their permits to operate. This
section is very important to be included in Malaysia’s law as well so that
bullying cases can be curbed throughout the country.

Comparative study with New York

New York State’s Dignity for All Students Act, (‘the DASA’) is a legislation in
New York which provides a school environment free of discrimination,
harassment and bullying.20 The DASA amended the New York State
Education Law by creating a new article, Article 2 which consists of ss 10 until
18.

Section 10 of the DASA is in regard to the legislative intent. It states that the
purpose of this article is to enrich civility in public schools and to prevent and
prohibit the conduct of harassment or bullying which is inconsistent with a
school’s educational mission.
Section 11 of the DASA is the interpretation section. Subsection 7 defines
bullying as the creation of a hostile environment by conduct or by threats,
intimidation, or abuse, including cyberbullying, that affects a student’s
educational performance, mental, emotional, or physical well-being. It also
defines bullying as reasonably causing a student to fear for his or her physical

20 The New York State’s Dignity for All Students Act.

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safety, reasonably causing physical injury or emotional harm to a student, or

creating a risk of substantial disruption within the school environment.

Acts of bullying shall include those acts based on a person’s actual or

perceived race, colour, weight, national origin, ethnic group, religion,
disability, sexual orientation or gender. For the purposes of this definition the
term ‘threats, intimidation or abuse’ shall include both verbal and non-verbal
actions. Moreover, cyberbullying is also defined as harassment or bullying that
occurs through any form of electronic communication under sub-s 8.

Section 12 of the DASA states that no student shall be subjected to

harassment or bullying by employees or students on school property or any
school functions. Students shall also not be subjected to discrimination based
on their race, colour, weight, national origin, ethnic group, religion, disability,
sexual orientation, gender, or sex by school employees or students on school
property or at a school function.
Section 13 of the same Act provides the policies and guidelines for bullying
in schools. The policies must have intended to create a school environment that
is free from bullying, discrimination, and harassment. The guidelines must
enable the students and parents to make an oral or written report of
harassment, bullying, or discrimination to teachers or school administration.
Those school employees who have received a report of bullying, harassment, or
discrimination must notify the principal within a day. The principal must
ensure that such investigation is completed promptly after receipt of any
written reports.

In addition, the guidelines require the school to take instant action to end
harassment, bullying or discrimination cases. The guidelines must also create a
more positive school culture and climate to ensure the safety of the bully
victims. The guidelines require the principal to make a regular report on data
and cases related to harassment, bullying and discrimination to the
superintendent.

Section 14 of the DASA provides the commissioner’s responsibilities.

Section 14(1) states that the commissioner shall provide direction related to
preventing harassment, bullying and discrimination and stimulating a positive
environment in every school. Section 14(2) also states that the commissioner
shall provide funds to local school districts to assist them in implementing the
guidelines. Section 14(4) states that the commission shall provide guidance
and educational materials to school districts related to addressing
cyberbullying issues and helping families work cooperatively with schools in
addressing cyberbullying cases.
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Section 15 of the DASA is in regard to the reporting by the commissioner.

The commission is required to report harassment, bullying and discrimination
incidents to the department at least once a year.

Section 16 of the DASA provides protection for people who report

harassment, bullying or discrimination. Any person who reports incidents of
harassment, bullying or discrimination to school authorities, shall be protected
by civil liability.

Comparative study with Finland

Although Finland does not have its own Anti-Bullying Law such as Philippines
or New York, it still prohibits the act of bullying. According to s 29(1) of the
Finnish Basic Educational Act (‘the FBA’), it states that a pupil participating in
education shall be entitled to a safe learning environment. Moreover, s 29(2) of
the FBA states that the school shall draw up a plan for safeguarding pupils
against violence, bullying and harassment, execute the plan and supervise
adherence to it and its implementation.

In addition to FBA, there is a programme specifically for bullying among

children which is named KiVa also known as anti-bullying in Finnish. It is a
programme developed at the University of Turku in Finland based on decades
of research on bullying. The main objective of KiVa is to prevent bullying,
intervene in bullying accidents, and monitor the process of evaluation in each
school.

KiVa is an interactive game that is proven to reduce bullying cases in

Finland. In this game, the students are given scenarios on what action they will
take and the consequences of it. For example, a bully victim is blocking the
victim’s entrance. A question will pop out asking what action the bully victim
will take. There will also be several options given such as going inside through
another door, inviting his/her other friends or walking past the bully victims.
The consequences will be shown after the child has chosen the option. It is a
fun yet knowledgeable game for bullying in a way kids understand.
As for bullies, the same game is also played by the bullies as well. Once KiVa
team members have identified any bullying accident, the team members will
have a confrontation with the bullies as to what the bullies will do to change
their behaviour. A few weeks after the session, the team members will follow up
to ensure the bullying has already stopped. In 2011, Child Development
Journal had done an investigation with the KiVa programme which resulted in
a 46% decrease in being victims of bullying and 61% in bullying others.
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Implementation of the KiVa Programme in Malaysia

As seen in Finland, KiVa is very effective in reducing bullying cases. Thus, it is

highly recommended for Malaysia to implement the KiVa Programme in
Malaysia. By implementing this programme in Malaysia, school children will
gain more self-confidence. Furthermore, the number of depression cases will
also decrease.

In addition, the KiVa programme is also implemented in developed

countries such as Italy, the United Kingdom, United States of America and the
Netherlands as it has given a lot of positive impacts on children.

In short, Malaysia should implement KiVa Programme as it is proven that

it has reduced the number of bullying issues in Finland.

Comparison between Philippines, New York and Finland

As discussed above, comparisons can be made between the Philippines

Bullying Act, the New York Bullying Act and Finland’s FBA Act and KiVa
Programme.

Malaysia can implement the Philippines Anti-Bullying Act 2013 as the

Philippines and Malaysia share a similar culture. Moreover, the reporting
system to their respective school division superintendents can be implemented
in Malaysia as each district in Malaysia has Pejabat Pendidikan Daerah),
(‘PPD’). It is easier for PPD to supervise bullying cases in each district.

As compared to New York’s DASA Act, Malaysia can implement s 13 of the

DASA, whereby it provides that school employees who have received a report
of bullying must notify the principal immediately. The principal must ensure
that such investigation is completed promptly after receiving written reports. If
this section is enacted in the Anti-Bullying provision of the Child Act 2001,
more and more bullying victims will come forward as they have gained
confidence that the school administrator would help them. Thus, the school
administration can help these children in attaining their self-confidence back
whilst reducing the number of bullying cases in their respective schools.

As compared to Finland’s bullying strategies, although Finland does not

have its stand-alone act on Anti-Bullying, its KiVa programme can be
implemented in Malaysia to reduce the number of bullying cases.

In short, Malaysia can implement the most effective anti-bullying policies

in each country to have a drastic reduction in bullying cases among school
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[2023] 3 MLJ in the Child Act 2001 xlv

children in Malaysia.

CONSIDERATION OF THE NEED FOR A PROVISION OF ANTI-

BULLYING TO BE ENACTED IN THE CHILD ACT 2001

Based on the above-mentioned loopholes in the PC, the Child Act 2001, the
CCA and the CMA there has to be a provision inserted on anti-bullying in the
Child Act 2001 to at least reduce the number of bullying cases in Malaysia.

The reason for the enactment of the provision of Anti-Bullying in the Child
Act 2001 instead of a new Bullying Act such as Philippines’s ‘Anti-Bullying Act
of 2013’ or New York’s DASA Act is because Malaysia has already enacted the
Child Act which also is able to cover school children bullying cases as school
children fall under the ambit of the definition of a child provided under the
Child Act 2001. Thus, it is more practical for the provision to be enacted in the
Child Act 2001 rather than a new Act.

First and foremost, there must be an interpretation section whereby the

section must define bullying in a detailed and precise manner. The section must
not only include definitions for physical bullying but must also include verbal
or emotional bullying such as abusive teasing as it may affect the mental health
of the victims. Thus, filling the inadequacy provided in the Child Act 2001.

Secondly, there must also include another section in the provision for
cyberbullying as it is also increasing day by day in Malaysia. Some of the
cyberbullies’ servers are located in other countries, thus making it difficult for
the local authority to track them out. Hence, the provision may require an
appointment of a cyber security officer who would be coordinating and
overseeing any suspicious activities relating to cyber security. Another section
can also be added to the provision, listing out several examples of cybercrimes
that could be dealt with by the Act, such as online hate speech and harassment,
which also amounts to bullying.

Another section can be added in regard to the policy that has to be adopted
by every Malaysian school to create a positive school environment. Schools do
not necessarily have to strictly follow the policies as different schools have
different resources. The policy may contain anti-bullying provisions such as
establishing clear rules and the consequences of any bullying behaviour. It must
also be disseminated to the school’s staff including the teachers, parents and
also students for creating awareness of bullying behaviour. The said policy must
also provide insights for staff, parents and students on what is bullying
behaviour and what actions can be taken to prevent such behaviour. Last but
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not the least, the school administration must evaluate the effectiveness of the
policy from time to time and make necessary adjustments when needed.

Not only that, but it must also contain sections for schools to adopt policies
to curb bullying in schools. The new bullying provision must compel the
school to provide training and education to the school staff, parents and
students on a regular basis in regard to students being bullied. The section may
also compel the schools to employ well-trained counsellors to assist the victims
to overcome their emotional trauma. The school must keep track of all the
students in their academics to oversee students’ academic performance as
bullying might affect their performance in their studies. This can be further
proven by a study carried out by the University of California, Los Angeles
(‘UCLA’) whereby Jaana Juvonen, a professor of psychology at UCLA stated
that bully victims show less academic improvement thus making the teachers
often identify them as low students.21 These students may then receive less
attention from teachers which will further worsen their academic performance.
To avoid this from happening, class teachers should monitor each of their
student’s performances.

Next, even though the bully is a minor, he shall be punished for the bullying
acts that he has done. Thus, the provision must also provide severe
punishments, if the victim has suffered hurt, the bully may be sent to a Henry
Gurney School. If the victim has died, the bully must be severely punished by
life imprisonment or doing voluntary work while serving their punishment in
jail. Punishments such as paying fines or getting expelled from school would
not be severe enough for the bullies to know the consequences of their actions.

MOE may also upgrade its website specifically for bullying.22 MOE should
not only have the website as a complaint portal, but they may also provide
insightful information on bullying. The public can update themselves every
now and then on the current updates on bullying. MOE may provide more
information on cyberbullying, ways to prevent bullying, and identify victims of
bullying. This will help to equip knowledge on bullying especially to parents
and also victims themselves. MOE may also provide a donation form for those

21 Barrington K, ‘How Does Bullying Affect a Student’s Academic Performance?’ (Public

School Review) https://www.publicschoolreview.com/blog/how-does-bullying-affect-a-
students-academic-performance accessed on 19 April 2023.
22 BPM, ‘Portal Aduan Buli’ (KPM - Portal Aduan Buli) https://www.moe.gov.my/aduanbuli
accessed on 19 April 2023.
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who want to donate some money for improving the national policy on bullying
in Malaysia and also to have more bullying awareness campaigns throughout
Malaysia.

Another section can be added to the provision in the Child Act 2001 which
talks about the non-compliance of guidelines by the school administration. For
example, teachers who do not listen to their student’s complaints must be
punished with detention because teachers are not only supposed to teach but
also to help their students when these students are facing difficulties. Schools
that do not take any serious action against any bullying case must also be
punished severely.

Additionally, there is also a need to have rehabilitation centres throughout

the country for victims of bullying to fully recover from the trauma of bullying.

The provision of Anti-Bullying must be enacted in the Child Act 2001

immediately to curb bullying in Malaysia, especially among school children. If
the Act is not enacted immediately, there will be an increasing number of bully
victims and bullies in Malaysia. Some of the victims may even fall into
depression due to being bullied which eventually may even lead to death.
Therefore, it is very crucial for Malaysia to enact the provision of Anti-Bullying
in the Child Act 2001, as there is a lack of coverage of bullying issues in our
legislation.

OTHER INITIATIVES THAT HAVE BEEN TAKEN TO REDUCE

BULLYING AMONG SCHOOL CHILDREN

Organisations such as R.AGE and property developer SP Setia joined forces to

develop an innovative solution to bullying by creating an annual
#StandTogether National Kindness Week. This event would be held on the first
week of April every year.
Schools that volunteer to participate in this event, firstly, must organise any
student led ‘Kindness Projects’ and secondly must apply three recommended
‘kindness strategies’ under #StandTogether website which is aimed to reduce
bullying whilst fostering kindness. This campaign has given out exclusive
rewards such as Thousand Malaysian Ringgit (RM1,000) grants given to the
schools that participated in the campaign. This campaign has garnered support
from the Ministry of Education as well.

Our Malaysian Government can collaborate with other non-government

organisations such as R.AGE and property developer SP to help children in
identifying bullying behaviour among their peers.
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CONCLUSION

In conclusion, it is hoped that the provision of Anti-Bullying will be enacted in

the Child Act 2001 instantly to avoid bad episodes such as the case of
Zulfarhan Osman Zulkarnain and T.Nhaveen. Bullying cannot be taken very
lightly. This paper also discovered the loopholes in the current laws in Malaysia
pertaining to bullying which include the PC, the Child Act 2001 and the
Communications and Multimedia Act 1998. A comparative study with an
Asian Country which is the Philippines and New York which is a state from the
United States of America is also discussed in the paper for the Malaysia
lawmakers to include in the Child Act 2001. Finally, there was also a discussion
on the consideration of the provision of Anti-Bullying to be enacted in the
Child Act 2001.

Every citizen in this country should take part in combatting bullying cases
among school children. Bystanders who happen to see incidents of bullying
taking place whether online or physical, must try their level best to prevent the
bullying to get into a worse level. The Ministry of Education must have
anti-bullying campaigns in all schools to spread awareness of bullying among
school children. School staff and teachers must look out for any students who
might be a victim of bullying. Parents also must play a vital role in combating
this major issue of bullying by listening to and observing their children. All
parties must work together to combat this bullying issue.

As for now, Malaysian citizens can help bully victims by contacting the
anti-bullying hotline at 1800-88-4774 or by emailing
adudisiplin@moe.gov.my. Additionally, they also help the victims by
contacting 15999 (Childline) to report instances of bullying.