Why this Act matters
Before 2022, Malaysian sexual harassment victims had limited recourse — civil tort claims (slow, expensive), criminal Penal Code charges (sections 354, 355, 376, 509 — but conviction is hard), and the Industrial Court (workplace only, against employers only). The 1999 Code of Practice was voluntary with no enforcement teeth.
The Anti-Sexual Harassment Act 2022 fills the gap with a fast, affordable, dedicated Tribunal route — designed for victims with or without legal representation.
What counts as sexual harassment?
Section 2 defines it as “any unwanted conduct of a sexual nature, in any form, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is reasonably offensive or humiliating or is a threat to his well-being.”
Examples: sexual jokes and propositions; unwanted touching; sending unsolicited intimate images; explicit messages on WhatsApp, Telegram, Facebook Messenger; lewd gestures, leering, blocking pathways; persistent date requests after refusal. The Act applies to harassment anywhere — workplace, public spaces, educational institutions, and online.
The Tribunal — how it works
- Filing fee: RM 50
- Compensation cap: RM 250,000
- Limitation: 6 years from the harassment
- Hearings: in private, to protect victim identity
- Lawyers: permitted but not required
- Decisions: binding, enforceable as a court order
Step-by-step: filing a Tribunal complaint
- Document the harassment — save WhatsApp messages, emails, photos, video. Note dates, times, locations, witnesses.
- Get the respondent’s identification — full name as in IC, workplace, address.
- Complete Form 1 (Notice of Claim) — available from the Tribunal Secretariat at the Ministry of Women, Family and Community Development.
- Pay RM 50 filing fee.
- Conciliation — typically 4-8 weeks after filing. The Tribunal Officer mediates.
- Substantive hearing — if conciliation fails, evidence is given on a single hearing day.
- Award — issued within 28 days of hearing.
What the Tribunal can order — Section 13
- Written apology to the complainant
- Compensation up to RM 250,000
- Counselling for the respondent
- Any other just order
Award is enforceable under section 18 as a court judgment. Failure to comply is contempt.
Civil suit and criminal report — parallel routes
The Tribunal does NOT exclude other proceedings. You can pursue all three routes in parallel.
Civil suit
- Damages potentially higher than RM 250,000 — no statutory cap
- Aggravated and exemplary damages available
- Injunction restraining future contact
- Slower (12-24 months), more expensive (RM 30,000+ legal fees)
Criminal report
Police report under Penal Code sections 354 (criminal force / modesty), 355 (criminal force with intent to insult), 376 (rape), 509 (insulting modesty), 509A (sexually explicit material). Sentences from 10 to 30 years. Burden of proof: beyond reasonable doubt.
Employer’s statutory duty under the Employment Act 1955
The 2022 amendments introduced sections 81A-81H of the Employment Act, requiring employers to investigate complaints within 30 days, report findings to the complainant, take disciplinary action where warranted, and display anti-harassment notices. Failure to comply attracts fines under section 81H and a separate civil claim against the employer.
Evidence to preserve
- WhatsApp / Telegram screenshots — screen-record full conversations (chats can be deleted)
- Email and SMS
- CCTV footage from workplace or building management
- Photos / videos at the time
- Witness statements from colleagues, friends, family
- Diary or journal of incidents
- Medical or counselling records
- Workplace HR complaints filed and responses
Free 30-minute confidential consultation
Sexual harassment matters are sensitive. We offer a free, confidential 30-minute consultation by phone, video, or in person at our Batu Pahat office. We act for both complainants and respondents (one firm per party per matter).
- WhatsApp +60 17-702 2800
- Phone +60 18-662 8866
- Email [email protected]
See also: Employment Lawyer Malaysia and our 2024 article on workplace sexual harassment.