.jpg)
‘Bullying,’ by whatever name or label and however carried out and by whosoever, unfortunately continues to occur in what is supposed to be our safe havens of education.
~Judgment of former Federal Court Judge, Mary Lim Thiam Suan, in Ahmad Ikhwan bin Ahmad Fauzi v Mohd Fahimi bin Endut & Ors and another appeal [2024] MLJU 684
Despite greater public awareness and repeated calls for reform, incidents of bullying in our schools persist with alarming regularity. The very spaces meant to nurture young minds too often expose them to intimidation, violence, and neglect.
At the 77th Annual General Meeting of the Malaysian Bar held on 18 March 2023, the Bar adopted the Resolution to Recognise Workplace Bullying as a Form of Misconduct.1 The resolution stressed the following:
“It is important to take steps to prevent and address workplace bullying as it can have a wide range of negative effects on the mental wellbeing of its victims such as anxiety, depression, Post-Traumatic Stress Disorder (PTSD) and other mental health issues. This can in turn lead to reduced job satisfaction, decreased productivity, and even long-term disability. There are physical issues that can also arise from workplace bullying and the stress caused by it such as difficulty sleeping, headaches, etc.”
If workplace bullying, involving adults, can inflict such grievous harm, the impact of bullying in schools on children is even more profound and lasting. Children are in the formative stages of psychological, social, and moral development; thus, exposure to sustained bullying can lead to lifelong trauma, disrupted education, social withdrawal, self-harm, and even suicide.
Malaysia, as a State Party to the United Nations Convention on the Rights of the Child (“CRC”), has clear legal obligations under Article 19, which provides that:
“States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.”
These obligations require more than expressions of sympathy; they demand decisive legislative and institutional action.
The Government has taken a notable step through the Penal Code (Amendment) Act 2025 (Act A1750), which was approved by the Yang di-Pertuan Agong on 25 February 2025 and gazetted on 7 March 2025. The new sections 507B to 507G specifically target bullying in any form — whether physical, verbal, psychological, or online. The provisions criminalise harassment, threats, insults, misuse of identity, and other forms of bullying, with severe penalties if such acts lead to attempted or completed suicide due to provocation. Convicted offenders may face up to 10 years’ imprisonment, a fine, or both.2
This legislative reform must be matched by firm enforcement and a cultural shift in how schools address reports of bullying. As reported by the media regarding the tragic death of 13-year-old Zara Qairina Mahathir,3 disturbing questions arise over apparent procedural failures:
(1) No immediate post-mortem despite visible injuries;
(2) Complaints and warning signs from the victim were ignored; and
(3) Allegations of harassment within the school environment were left unaddressed.
Additionally, the recent statement by the Ministry of Higher Education (Kementerian Pendidikan Tinggi) in relation to the death of Universiti Teknologi Malaysia student Syamsul Haris Shamsudin, that it will not protect any individual if investigations found elements of bullying or criminal conduct, is a commitment that must be upheld across all educational levels, from primary schools to universities.4
We cannot continue to have knee-jerk reactions only when tragedy strikes. Proper procedures, preventive measures, and accountability mechanisms must be firmly set in place. The Malaysian Bar stands ready to work with the authorities in designing and implementing these measures. With more than 24,000 members across the nation, the Malaysian Bar can contribute meaningfully — including through nationwide school engagement programmes, awareness campaigns, and talks at all educational institutions — to educate students, empower victims, and promote a culture of zero tolerance for bullying.
A great nation protects its children, for they are the truest measure of our values, our justice, and our future.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
14 August 2025
1 “Resolution to Recognise Workplace Bullying as a Form of Misconduct”, Resolutions Adopted at the 77th Annual General Meeting of the Malaysian Bar Held at Wisma MCA, Kuala Lumpur (Saturday, 18 Mar 2023), Malaysian Bar website.
2 “Bullying now a criminal offence under the Penal Code”, Aliran, 13 May 2025.
3 “Zara Qairina death probe: No one will be shielded, deputy minister tells Parliament”, The Star, 11 August 2025.
4 “No one will be shielded if foul play found in Palapes cadet’s death, says Zambry”, The Edge, 11 August 2025.