Finally, the long awaited Anti-Sexual Harassment Act 2022 (“the Act”) was passed in the Dewan Rakyat in July 2022 and gazetted in October 2022. This is a positive development, as the Act provides a right of redress for any person who has been sexually harassed, and establishes a Tribunal for Anti-Sexual Harassment through which complainants can seek redress. The Act also aims to raise awareness towards the prevention of sexual harassment, and provides for matters in support of the above.

Definition of sexual harassment

Under the Act, sexual harassment is defined as any unwanted conduct of a sexual nature, in any form, whether verbal, non-verbal, visual, gestural or physical; that is directed at a person which is reasonably offensive or humiliating or is a threat to the person’s well-being.

For concerns raised about gaps in this definition, see the Memorandum prepared by the Anti-Sexual Harassment Advocacy Group comprising JAG, ENGENDER and Young Women Making Change.

Tribunal for Anti-Sexual Harassment

The Act establishes a Tribunal for Anti-Sexual Harassment that will be led by a President and Deputy President appointed from current members of the Judicial and Legal Service. Other appointed members shall comprise of:

1. Five or more members who are past or current members of the Judicial and Legal Service, or advocates and solicitors of at least 7 years’ standing; and
2. Five or more other members who have knowledge of or practical experience in sexual harassment matters.

The Minister of Women, Family and Community Development shall appoint the members of the Tribunal and the Secretary General of the Ministry shall be the Administrator of Anti-Sexual Harassment.

Complaints filed before the Tribunal cannot include issues that are the subject of proceedings between the same parties in any court, except where the complaint involves criminal conduct.

For more information about the Tribunal, click here.

Conduct of Proceedings

Cases will be heard before the Tribunal by a panel of three members wherein one member shall serve as the Chairperson who must be the President, Deputy President, a member who has held or is holding office in the Judicial and Legal Service, or an advocate and solicitor of at least 7 years’ standing. The remaining two members shall be persons who have knowledge of or practical experience in sexual harassment matters. At least one member of the panel shall be a woman.

Tribunal hearings are closed to the public and only parties to the proceedings may attend to preserve privacy. Representation by a lawyer is not permitted unless the matter involves complex issues of law. In the event one party is allowed legal representation, the other party shall also be entitled to the same. If a minor or a person under disability is party to the proceedings, then he or she may be represented by a guardian ad litem or next friend subject to conditions imposed by the Tribunal.

Awards & Orders

It is mandatory for the Tribunal, where practicable, to make its award within 60 days from the first hearing date.

In making an award, the Tribunal may order the respondent to:

• issue a statement of apology to the complainant (including a published apology if the offending act was done in public); or
• pay compensation or damages not exceeding RM 250,000 for any loss or damage suffered by the complainant.The Tribunal may also order the parties to attend any programme as the Tribunal thinks necessary.

If a complaint is deemed frivolous or vexatious, the Tribunal may dismiss it.

A Tribunal award must be complied with within thirty (30) days from the date on which the award was made, otherwise an offence is committed and is punishable with a fine, imprisonment, or both, depending on whether compensation or damages was awarded.

Awards made by the Tribunal are deemed to be Court orders and are therefore final and binding on the parties.

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.