AKTA KANUN KESEKSAAN (PINDAAN) 2025

) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

New sections 507b, 507c, 507d, 507e, 507f and 507g

)  It shall be a defence to a charge against a person under this section if it is proved that he had no reasonable grounds to believe that the words or communication used or made by him, or his act, would be heard, seen or otherwise perceived by a person who was likely to feel harassed, distressed, fear or alarmed by such words, communication or act.

Causing a person to believe that harm will be caused 507d.  (1)  Whoever, in any manner or by any means, uses or makes any threatening, abusive or insulting words or communication against any person, or engages in any threatening, abusive or insulting act towards any person, with intent to cause, or knowing or ought to know that the words, communication or act will cause the person to believe that harm will be caused to himself or to any other person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Penal Code (Amendment)

)  Whoever, in any manner or by any means, uses or makes any threatening, abusive or insulting words or communication against any person, or engages in any threatening, abusive or insulting act towards any person, with intent to provoke the person to cause harm to himself or to any other person, or knowing or ought to know that the words, communication or act are likely to provoke the person to cause harm to himself or to any other person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both; and if the person so provoked attempts to commit suicide or commits suicide as a result of such provocation, shall be punished with imprisonment for a term which may extend to ten years or with fine or with both.

Publishing, etc., any identity information to cause harassment, distress, fear or alarm 507e.  Whoever, in any manner or by any means, publishes, circulates or makes available or causes to be published, circulated or made available, any identity information of a person with intent to cause, or knowing or ought to know that the publication, circulation or availability is likely to cause harassment, distress, fear or alarm to the person, shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

ILLUSTRATION

A, feeling upset after ending his relationship with Z who cheated on him, decides to take revenge on Z by posting online, without Z’s consent, intimate photos of Z. Z is likely to feel distressed. A has committed the offence defined in this section.

Publishing, etc., any identity information to cause a person to believe that harm will be caused 507f.  (1)  Whoever, in any manner or by any means, publishes, circulates or makes available or causes to be published, circulated or made available, any identity information of a person with intent to cause, or knowing or ought to know that the

Laws of Malaysia 6

publication, circulation or availability will cause the person to believe that harm will be caused to him or to his related person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

)  Whoever, in any manner or by any means, publishes, circulates or makes available or causes to be published, circulated or made available, any identity information of a person with intent to facilitate, or knowing or ought to know that the publication, circulation or availability is likely to facilitate, the causing of harm to the person or to his related person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

ILLUSTRATIONS

A puts up posters in Z’s neighbourhood with Z’s photo saying that Z is a scammer and someone should teach Z a lesson. Z believes that he will be harmed. A has committed the offence defined in this section.

Z owes a sum of money from a loan shark and goes missing with his family. A knows about Z’s loan with the loan shark. A also knows about Z and his family’s whereabouts. A posts about Z’s whereabouts on Z’s social media account. A does this knowing that he will facilitate the causing of harm to Z or his family by the loan shark. A has committed the offence defined in this section.

Definitions of “harm”, “identity information” and “related person”

)  For the purposes of sections 507e and 507f, “identity information” means any information that identifies or purports to identify a person.

)  For the purposes of section 507f, “related person” means, in relation to a person, any person whose safety or well-being would reasonably be expected to be of concern of the first-mentioned person.”.