With the news of bully cases in Malaysia as the nation read the gross details in which Navy cadet, Zulfarhan Osman Zulkarnain was tortured and assaulted to death with a steam iron over accusations of stealing a laptop, the passing of Anti-Bully Act 2026 was approved as a reform to the open secret that is the school bully culture.
The Anti Bully Act 2026 defines bully as any wilful act and directed to a victim by any means, whether committed repeatedly or in a single severe incident which cause physical, psychological or social harm to the victim. The Act acknowledges physical, verbal, psychological, social and cyber bully.
While the Anti Bully Act 2026 does not apply to all age group, the Act seeks to protect the children under the age of 18 years and include those who are yet in school and those who are not in our education system. It also protects children who are detained, rehabilitated or protected at Sekolah Tunas Bakti and Henry Gurney School.
One of the most compelling reforms introduced under the Anti-Bully Act 2026 is the establishment of the Anti-Bullying Tribunal. The Tribunal provides a specific legal avenue for victims to seek redress when bullying complaints are not adequately resolved through existing channels.
However, the Tribunal does not completely oust the role of schools or educational institutions. For bullying cases occurring within schools or institutions, complaints must first be referred to the relevant school committee. Accordingly, the Tribunal may consider the matter if the complainant remains dissatisfied on reasonable grounds, if the complaint has not been handled appropriately, or where referral is made with the consent of the complainant.
Furthermore, the Act recognises that not every bullying case occurs within the traditional school environment. Therefore, cases involving children who are not under the supervision of educational institutions may be brought directly before the Tribunal.
Nevertheless, the Tribunal will not hear cases that have not undergone the required institutional process, cases where the complainant does not consent to referral, or cases that have already commenced in the civil court. In situations involving serious threats, such as assault or sexual harassment, the matter should instead be referred to the police.
In addition, the Tribunal adopts a child-friendly approach by prioritising the best interests, safety and privacy of the child throughout the proceedings. This is of utmost importance as children involved in bullying cases may already be experiencing fear, emotional distress or vulnerability.
Hence, hearings are generally conducted privately and information that may identify the child must remain confidential. Where appropriate, proceedings may also be conducted electronically, and children may provide evidence through a live link, behind a screen, or with the assistance of a psychologist, intermediary or suitable expert.
Moreover, the Act provides for a wider access to protection by allowing complaints to be lodged by children below eighteen years of age, children who are detained, rehabilitated or placed under protection in institutions including Henry Gurney School, as well as parents or guardians of the victim. This demonstrates that the protection provided under the Act extends beyond ordinary school-going children and recognises that every child may require legal protection from bullying.
Beyond the filing of complaints, mediation may be considered where it is suitable and agreed by all parties. The mediator must remain neutral and impartial in assisting communication between the parties without imposing any decision. Under the Act, mediation is conducted through the Legal Aid Department (JBG) by trained mediators to facilitate a fair resolution between the parties involved.
Finally, the Act provides victims with specific rights and remedies. Victims have the right to be heard, to receive protection during the investigation, to maintain privacy over their personal information and to be informed of the progress of their complaint. The Tribunal may grant remedies including an apology, removal of harmful digital content, reimbursement of expenses, compensation up to RM250,000, rehabilitation programmes and counselling or parenting support sessions. Accordingly, failure to comply with the Tribunal’s award may result in further legal consequences, including fines or imprisonment. The award of the Tribunal is final and binding, although it may be challenged before the High Court on the ground of serious irregularity affecting the proceedings.
Therefore, the Anti-Bullying Act 2026 exhibits a significant development in Malaysia’s child protection framework by recognising bullying as not merely a disciplinary issue, but a matter involving the safety, dignity and legal rights of children.
References:
Anti-Bully Act 2026 (Act 876). (2026). Laws of Malaysia.
Bahagian Hal Ehwal Undang-Undang, Jabatan Perdana Menteri. (2026).
Tribunal bagi Antibuli. https://tab.bheuu.gov.my